LOCAL GOVERNMENT ACT 2020

Victorian Current Acts

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LOCAL GOVERNMENT ACT 2020

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Objectives of Act
5. Act is interface legislation and filming approval legislation
6. Obligations of Council in relation to Yarra River land
7. Obligations of Council in relation to declared areas
7A. Obligations of Council in relation to Great Ocean Road region

PART 2--COUNCILS

Division 1--Role and powers of a Council

8. Role of a Council
9. Overarching governance principles and supporting principles
10. General power
11. Power of delegation

Division 2--Constitution of a Council

12. How is a Council constituted?
13. Constitution of a Council
14. Council is a body corporate
15. Electoral structure of a Council
16. Electoral structure review
17. Ward boundary review

Division 3--The Mayor and the Deputy Mayor

18. Role of the Mayor
19. Specific powers of the Mayor
20. When does the office of Mayor become vacant?
20A. Office of Deputy Mayor
20B. Acting Mayor
21. Role and powers of the Deputy Mayor
22. When does the office of Deputy Mayor become vacant?
23. Declaration of office of Mayor or Deputy Mayor to be vacant
24. Local Government Mayoral Advisory Panel

Division 4--Election of Mayor and Deputy Mayor

25. Election of Mayor
26. When is a Mayor to be elected?
27. Election of Deputy Mayor

Division 4A--Mayoral training

27A. Mayoral training
27B. Failure to take Mayoral training and make declaration

Division 5--Councillors

28. Role of a Councillor
29. Term of office of a Councillor
30. Oath or affirmation of office
31. Failure to take oath or affirmation of office
32. Councillor induction training
33. Failure to take Councillor induction training and make declaration
33A. Regular professional development training of Councillors
33B. Failure to take professional development training and make declaration
34. Qualification to be a Councillor
34A. Disqualification by Governor in Council
35. Councillor ceasing to hold office
36. Ouster from office
37. Suspension of Councillor
38. Penalty for acting as a Councillor when not qualified or ceasing to hold office

Division 6--Entitlements

39. Allowances for Mayors, Deputy Mayors and Councillors
40. Reimbursement of expenses of Councillors and members of a delegated committee
41. Council expenses policy
42. Resources and facilities for the Mayor and Councillors
43. Indemnity for Councillors—general
43A. Indemnity for Councillors—legal costs

Division 7--Chief Executive Officer and members of Council staff

44. The Chief Executive Officer
45. Chief Executive Officer Employment and Remuneration Policy
46. Functions of the Chief Executive Officer
47. Delegations by Chief Executive Officer
48. Members of Council staff
49. Code of conduct for members of Council staff
50. Long service leave
51. Validity of decisions
52. Indemnity provision for Chief Executive Officer and members of Council staff

Division 8--Audit and Risk Committee

53. Council must establish an Audit and Risk Committee
54. Audit and Risk Committee Charter

Division 9--Council policies relating to good governance

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

PART 3--COUNCIL DECISION MAKING

Division 1--Community accountability

55. Community engagement policy
56. The community engagement principles
57. Public transparency policy
58. The public transparency principles

Division 2--Procedure and proceedings

59. Resolution of the Council
60. Governance Rules
61. Council meetings
62. Joint meetings of Councils
63. Delegated committees
64. Joint delegated committees
65. Community Asset Committee
66. Meetings to be open to the public unless specified circumstances apply
67. Council decision making where quorum cannot be maintained
68. Validity of proceedings
69. Governance Rules to include election period policy
70. Prohibition of Councillor discretionary funds

Division 3--Local laws

71. Power to make local laws
72. Local law requirements
73. Proposing a local law
74. Making a local law
75. Availability of a local law
76. Incorporation by reference
77. Permits, licences, fees and charges
78. Delegation and discretionary authority
79. Penalties
80. Application of local law
81. Infringement notices
82. Recovery of penalty
83. Commencement of local law
84. Sunset provision
85. Revocation by Governor in Council
86. Validity of local law

Division 4--Good practice guidelines

87. Minister may issue good practice guidelines

PART 4--PLANNING AND FINANCIAL MANAGEMENT

Division 1--Strategic planning

88. Community Vision
89. Strategic planning principles
90. Council Plan
91. Financial Plan
92. Asset Plan
93. Revenue and Rating Plan

Division 2--Budget processes

94. The budget
95. Revised budget
96. Preparation of budget or revised budget
97. Quarterly budget report

Division 3--Reporting

98. Annual report
99. Preparation of annual report
100. Meeting to consider annual report

Division 4--Financial management

101. Financial management principles
102. Financial policies
103. Investments
104. Borrowings
105. Accounts and records

PART 5--COUNCIL OPERATIONS

Division 1--Service performance

106. Service performance principles
107. Complaints policy

Division 2--Procurement

108. Procurement Policy
109. Procurement

Division 3--Beneficial enterprises

110. Beneficial enterprises
111. Process before participating in beneficial enterprises

Division 4--Powers in relation to land

112. Acquisition and compensation
113. Creation of easements
114. Restriction on power to sell, exchange or transfer without consideration land
115. Lease of land
116. Transfer, exchange or lease of land without consideration

Division 5--Carrying out works on land

117. When Council or other person can carry out required work
118. Right of owner to carry out required work on occupied land

Division 6--Unpaid money

119. Recovery of money owed to Council by former owner or occupier
120. Council may charge interest on unpaid money

Division 7--Land information

121. Land information certificate
122. Notice in relation to acquisition of land

PART 6--COUNCIL INTEGRITY

Division 1--Improper conduct

123. Misuse of position
124. Directing a member of Council staff
125. Confidential information

Division 2--Conflict of interest

126. Definitions
127. General conflict of interest
128. Material conflict of interest
129. Exemptions
130. Disclosure of conflict of interest
131. Disclosure of conflict of interest at other meetings

Division 3--Personal interests returns

132. Definitions
133. Lodging of an initial personal interests return
134. Lodging of a biannual personal interests return
135. Public access to summary of personal interests
136. Confidentiality of personal interests returns

Division 4--Gifts

137. Anonymous gift not to be accepted
138. Councillor gift policy

Division 5--Councillor conduct

139. Model Councillor Code of Conduct
140. Council required to implement prescribed procedures
141. Internal arbitration process
142. The panel list
143. Application for an internal arbitration process
144. Principal Councillor Conduct Registrar must examine application
144A. Related applications
144B. Reimbursement by Council
145. Internal arbitration information
145A. Procedures
145B. Obligation on Council
146. Arbiter must refer certain applications
146A. Investigation or application by Chief Municipal Inspector
147. Sanctions that may be imposed by an arbiter on finding of misconduct
147AA. Suspension of matters during election period
147A. Immunity of arbiters

Division 6--Appointment and functions of Principal Councillor Conduct Registrar and Councillor Conduct Officers

148. Appointment of Principal Councillor Conduct Registrar
149. Functions and powers of the Principal Councillor Conduct Registrar
149A. Delegation by Principal Councillor Conduct Registrar
150. Appointment of Councillor Conduct Officer
151. Functions of a Councillor Conduct Officer
152. Council must pay fees

Division 7--Councillor Conduct Panels and VCAT

153. The panel list
154. Application to Councillor Conduct Panel
155. Principal Councillor Conduct Registrar must examine application
156. Principal Councillor Conduct Registrar to form Councillor Conduct Panel
157. Related applications
158. Charge for certain offences not to proceed if application has been made
159. Application not to be made if charge has been made for certain offences
159A. Reimbursement by Council
160. Notice of a Councillor Conduct Panel
161. Procedures
162. Obligation on Council
163. Conduct of a Councillor Conduct Panel
164. Dissolution of Councillor Conduct Panels
165. Notification to Chief Municipal Inspector of apparent offence
166. Investigation by Chief Municipal Inspector
166A. Matter already dealt with by Municipal Monitor or Commission of Inquiry
167. Determinations by a Councillor Conduct Panel
168. Notice and tabling of decision
169. Councillor Conduct Panel confidential information
170. Review by VCAT
171. Application to VCAT on grounds of gross misconduct
172. Powers of VCAT in relation to finding of gross misconduct
173. Suspension of matters during election period
174. Immunity

PART 7--MINISTERIAL OVERSIGHT

Division 1--Governance directions

175. Minister may give direction
176. Failure to comply with written direction

Division 2--Compliance exemptions

177. Application for compliance exemption
178. Actions by Minister

Division 3--Municipal Monitors

179. Municipal Monitor
180. Functions of a Municipal Monitor
181. Powers of Municipal Monitor
181A. Provision of information requested by Municipal Monitor
181B. Information provided to Municipal Monitor
181C. Adverse findings
181D. Further requirements for certain findings
181E. Immunity of Municipal Monitor

Division 4--Chief Municipal Inspector

182. Appointment of Chief Municipal Inspector
183. Powers of the Chief Municipal Inspector
183A. Advice to Ministers
184. Chief Municipal Inspector must investigate public interest complaints
185. Chief Municipal Inspector must refuse to investigate certain public interest complaints
186. Chief Municipal Inspector may refuse to investigate certain public interest complaints
187. Notification of refusal to conduct investigation on public interest complaint
188. Notification of corrupt conduct
189. Procedure on completion of investigation of public interest complaint
190. Person who made public interest disclosure to be informed of result of investigation
191. Chief Municipal Inspector must not disclose certain information
192. Disclosure of information by the Chief Municipal Inspector
193. Confidentiality notice
194. Extension of confidentiality notice
195. Chief Municipal Inspector to provide the IBAC with copies
196. Disclosure subject to confidentiality notice
197. Delegation by Chief Municipal Inspector
198. Offences in relation to Chief Municipal Inspector
199. Referral to Supreme Court
199AA. Chief Municipal Inspector may report to Parliament
199AAB. Tabling of report to Parliament
199AAC. Infringements
199A. Act applies equally to attendance in person or by audio or audio visual link

Division 5--Commissions of Inquiry

200. Appointment of Commission of Inquiry
201. Appointment of Commissioners
202. Services to support Commission of Inquiry
203. Certain public sector values do not apply to Commission of Inquiry staff
204. Manner of inquiry of Commission of Inquiry
205. Rules of evidence do not apply
206. Power to serve a written notice
207. Power to examine person under oath or on affirmation
208. Powers in relation to documents and other things
209. Witnesses may be represented
210. Proceedings of the inquiry may be open or closed
211. Access to Commission of Inquiry proceedings
212. Restriction on publication of information relating to inquiries
213. Offence to contravene exclusion or restriction orders
214. Order as to costs
215. Protection of Commissioners, members of staff, Australian legal practitioners and witnesses
216. Admissibility of answers, information, documents and other things
217. Adverse findings
218. Confidentiality for members of staff
219. Disclosure or provision of information by Commission of Inquiry
220. Offence to make false or misleading statements or produce false or misleading documents or other things
220A. Report of Commission of Inquiry
221. Tabling of report of Commission of Inquiry
222. Transfer of records
223. Exemption from Freedom of Information Act 1982

Division 6--Standing down of Councillor on recommendation of the Minister

224. Application of Division
225. Referral of Councillor to the Chief Municipal Inspector or a Municipal Monitor
226. Chief Municipal Inspector or Municipal Monitor to conduct investigation and prepare a report
227. Councillor may respond to report
228. Councillor may be ordered to stand down

Division 6A--Standing down of Councillor charged with offence

229. Standing down of Councillor charged with offence

Division 7--Suspension of Councillors

229A. Suspension of individual Councillors
229B. Ineligibility following suspension
230. Suspension of all of the Councillors of a Council
231. Provisions relating to appointment of administrators

Division 8--Temporary administration

232. Temporary administration if multiple extraordinary vacancies created
233. Suspension of remaining Councillors

Division 9--Restructuring Orders

234. Construction provisions
235. Power to make Orders
236. Matters which may be included in Order
237. General provisions relating to Orders
238. Restrictions on making of Order in Council
239. Restructuring advisory panels

PART 8--ELECTORAL PROVISIONS

Division 1--Voters

240. Entitlements relating to enrolment
241. Residents entitled to be enrolled without application
242. Owner ratepayers may apply for enrolment
243. Entitlement to enrolment without application until the second general election to be conducted under section 257(1)(b) or the general election for Whittlesea City Council and Casey City Council in October 2024
244. Occupier ratepayers may apply to be enrolled
245. Provisions relating to corporations
246. Provisions relating to appointments and enrolments
247. Request that address not be shown

Division 2--Voters' rolls

248. Chief Executive Officer to prepare voters' list of ratepayers
249. VEC to compile voters' rolls
250. Amendment of certified voters' roll
251. Inspection of certified voters' roll
252. Provision of voters' rolls to a candidate
253. Provision of voters' rolls to a person or organisation other than a candidate
254. Use of voters' roll by the Chief Executive Officer
255. Validity of voters' rolls

Division 3--Candidate for election

256. Candidate for election

Division 4--Holding of general elections and by‑elections

257. General elections
258. Extraordinary vacancy
259. When is an extraordinary vacancy not to be filled?
260. When is a by-election to be held?
261. When is a countback to be held?

Division 5--Conduct of elections

262. Voting system
263. Conduct of election
264. Filling of vacancies
265. One vote per person
266. Voting is compulsory
267. Infringement offence and infringement penalty
268. VEC's election and enforcement expenses
269. Marking of ballot-paper at election to express preference
270. Validity of election

Division 6--Counting of votes--single vacancy

271. Application of Division
272. Only 2 candidates
273. More than 2 candidates

Division 7--Counting of votes--any election to which Division 6 does not apply

274. Application of Division
275. 2 or more Councillors to be elected

Division 8--Countback process and counting of votes

276. Definitions
277. Exclusion of candidate
278. Filling of multiple vacancies
279. Procedure if there are no eligible candidates
280. Procedure if there is only one eligible candidate
281. Procedure if there is more than one eligible candidate
282. Conduct of countback
283. Procedure if the countback fails
284. Declaration of result
285. Process for counting of votes at a countback

Division 9--Electoral offences

286. Nomination offence
287. Printing and publication of electoral material
288. Misleading or deceptive matter
289. Heading to electoral advertisements
290. Author to be identified
291. Distribution of printed electoral material
292. Power to request handing over of how-to-vote cards
293. False or misleading information or particulars
294. Voting offences
295. Offences at voting centre
296. Tampering
297. Secrecy of vote
298. Agreement to post ballot-paper
299. Offence to interfere with postal ballot materials
300. Bribery, treating and undue influence
301. Interference with political liberty
302. Powers of election manager or election official
303. Offences relating to members of Council staff, election managers and election officials
304. Prohibition on Councillor or member of Council staff
305. Injunction

Division 10--Election campaign donations

306. Return by candidate
307. Responsibilities of Chief Executive Officer
308. Other matters relating to summaries of returns
309. Certain gifts not to be accepted
310. Certain amounts forfeited to State

Division 11--Disputing the validity of an election

311. Application to VCAT for review
312. Powers of VCAT

PART 9--GENERAL PROVISIONS

313. Proceedings
314. Service on a Council
315. Service on a person
316. Evidence of service
317. Power of delegation
318. Obstructing Council
319. Persons who are liable for offences
320. Criminal liability of officers of bodies corporate—failure to exercise due diligence
321. Imposition of a surcharge
322. Payment of the surcharge
323. Evidence of ownership
324. Evidentiary provisions
325. Regulations
326. Regulations relating to electoral matters

PART 10--SAVINGS AND TRANSITIONAL

328. General savings
329. Specific savings and transitional provisions
330. Specific provisions apply to existing regional libraries
330B. Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022
330C. Transitional provision—Local Government Amendment (Governance and Integrity) Act 2024—suspension of matters during election period
ENDNOTES

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