Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 42/2021 s. 100.
approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
"assessable disclosure" has the same meaning as it has in section 3 of the Public Interest Disclosures Act 2012 ;
"Audit and Risk Committee" means the Audit and Risk Committee established by a Council under section 53;
auditor means the Auditor-General;
S. 3(1) def. of authorised legal representative inserted by No. 11/2021 s. 150.
"authorised legal representative" of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;
"bullying" by a Councillor means the Councillor repeatedly behaves unreasonably towards another Councillor or a member of Council staff and that behaviour creates a risk to the health and safety of that other Councillor or member of Council staff;
"candidate" means a person who has nominated as a candidate for an election under section 256;
"Chief Executive Officer" means the person appointed by a Council under section 44 to be its Chief Executive Officer or any person acting in that position;
"Chief Executive Officer Employment and Remuneration Policy" means a Chief Executive Officer Employment and Remuneration Policy developed by a Council under section 45;
"Chief Municipal Inspector" means the person appointed under section 182;
S. 3(1) def. of close of the roll substituted by No. 23/2024 s. 4(2).
"close of the roll" means 4 p.m. on the day that is—
(a) 73 days before an election day occurring after 26 October 2024; or
(b) if the day determined under paragraph (a) is a public holiday, the last working day before that day;
Note
See also subsection (6) in relation to an election on 26 October 2024.
"Community Asset Committee" means a Community Asset Committee
established by a Council under
section 65;
"community engagement policy" means a community engagement policy adopted and maintained by a Council under section 55;
"community engagement principles" means the principles specified in section 56;
"Community Vision" means a Community Vision maintained by a Council under section 88;
"confidential information" means the following information—
(a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released;
(b) security information, being information that if released is likely to endanger the security of Council property or the safety of any person;
(c) land use planning information, being information that if prematurely released is likely to encourage speculation in land values;
(d) law enforcement information, being information which if released would be reasonably likely to prejudice the investigation into an alleged breach of the law or the fair trial or hearing of any person;
(e) legal privileged information, being information to which legal professional privilege or client legal privilege applies;
(f) personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs;
(g) private commercial information, being information provided by a business, commercial or financial undertaking that—
(i) relates to trade secrets; or
(ii) if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage;
(h) confidential meeting information, being the records of meetings closed to the public under section 66(2)(a);
(i) internal arbitration information, being information specified in section 145;
(j) Councillor Conduct Panel confidential information, being information specified in section 169;
(k) information prescribed by the regulations to be confidential information for the purposes of this definition;
(l) information that was confidential information for the purposes of section 77 of the Local Government Act 1989 ;
"confidentiality notice" means a notice issued by the Chief Municipal Inspector under section 193(1);
"corporation" includes—
(a) any body corporate, whether formed or incorporated within or outside the State of Victoria; and
(b) any incorporated association within the meaning of the Associations Incorporation Reform Act 2012 —
but does not include a Council or any other body incorporated or constituted by or under this Act or any public statutory corporation constituted by or under any law of the State of Victoria, any other State, or a Territory of the Commonwealth, or the Commonwealth;
"Council" means a municipal Council (including the Melbourne City Council and the Greater Geelong City Council) whether constituted before or after the commencement of this section;
"Council meeting" means a Council meeting that complies with section 61(1);
"Council Plan" means a Council Plan prepared and adopted by a Council under section 90;
"Councillor" means a person who holds the office of member of a Council;
S. 3(1) def. of Councillor Code of Conduct repealed by No. 23/2024 s. 35(2)(c).
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"Councillor Conduct Officer "means the person appointed in writing by the Chief Executive Officer to be the Councillor Conduct Officer for the Council under section 150;
"Councillor Conduct Panel "means a panel formed by the Principal Councillor Conduct Registrar under section 156;
S. 3(1) def. of Councillor induction training inserted by No. 23/2024 s. 35(1).
"Councillor induction training" means the training specified in section 32;
"delegated committee" means—
(a) a delegated committee established by a Council under section 63; or
(b) a joint delegated committee established by 2 or more Councils under section 64; or
(c) a committee, other than a Community Asset Committee, exercising any power of a Council under this Act or any other Act delegated to the committee under this Act or any other Act;
"deliberative engagement practices" means the deliberative engagement practices included in a community engagement policy;
S. 3(1) def. of Department amended by Nos 30/2022 s. 28, 23/2024 s. 4(1).
"Department" means the Department of Government Services;
S. 3(1) def. of destroy inserted by No. 11/2021 s. 150.
"destroy", in relation to a document provided by the Chief Municipal Inspector to a person by secure electronic means, means—
(a) to permanently delete the electronic communication from all information systems on which the person who was provided with the document from the Chief Municipal Inspector held or stored that document; and
(b) to destroy any hard copy of the document;
"disposition of property" means any conveyance, transfer, assignment, settlement, delivery, payment, gift or other alienation of property, including the following—
(a) the allotment of shares in a company;
(b) the creation of a trust in property;
(c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;
(d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property;
(e) the exercise by a person of a general power of appointment of property in favour of any other person;
(f) any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person;
"domestic partner" of a person means—
(a) a person who is in a registered relationship with the person; or
Note
A registered relationship is defined in subsection (2).
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
"donation period" means the period—
(a) commencing on whichever is the later of—
(i) 30 days after the last general election for the Council; or
(ii) 30 days after the last election for the Council at which the person required to give the election campaign donation return was a candidate; and
(b) ending 30 days after election day in the current election for the Council;
"election day" means the day of an election determined under section 257 or 260;
"election manager" means—
(a) the VEC; or
(b) a person appointed in writing by the VEC;
"election period" means the period that—
(a) starts at the time that nominations close on nomination day; and
(b) ends at 6 p.m. on election day;
"electoral material" means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper that is only announcing the holding of a meeting;
Note
See subsections (3) and (4) as to the meaning of electoral matter.
"electoral representation advisory panel" means a panel established under section 16(1);
"ESC" has the same meaning as Commission has in the Essential Services Commission Act 2001 ;
"film friendly principles" has the same meaning as it has in the Filming Approval Act 2014 ;
"film permit" has the same meaning as it has in the Filming Approval Act 2014 ;
"financial management principles" means the principles specified in section 101;
"gift" means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including—
(a) the provision of a service (other than volunteer labour); and
(b) the payment of an amount in respect of a guarantee; and
(c) the making of a payment or
contribution at a fundraising
function;
"gift disclosure threshold" means—
(a) in the case of a Council, other than the Melbourne City Council, $500 or a higher amount or value prescribed by the regulations;
(b) in the case of the Melbourne City Council, $500 or a higher amount or value prescribed by regulations made under the City of Melbourne Act 2001 ;
good governance has the meaning given by section 8(2) ;
"Governance Rules" means Governance Rules developed by a Council under section 60;
S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 42/2021 s. 100.
"Great Ocean Road coast and parks" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 42/2021 s. 100.
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road region inserted by No. 42/2021 s. 100.
"Great Ocean Road region" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 42/2021 s. 100.
"Great Ocean Road scenic landscapes area" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
"gross misconduct" by a Councillor means behaviour that demonstrates that a Councillor—
(a) is not of good character; or
(b) is otherwise not a fit and proper person to hold the office of Councillor, including behaviour that is sexual harassment and that is of an egregious nature;
"how-to-vote card" means any card, handbill, pamphlet or notice—
(a) which is or includes a representation or partial representation or purported representation or purported partial representation of a ballot-paper for use in an election; or
(b) which lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of those candidates;
"IBAC" means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of IBAC Officer inserted by No. 31/2024 s. 67.
IBAC Officer has the meaning given by section 3(1) of the Independent Broad‑based Anti‑corruption Commission Act 2011 ;
"Information Commissioner" means the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014 ;
S. 3(1) def. of information system inserted by No. 11/2021 s. 150.
"information system" has the same meaning as in the Electronic Transactions (Victoria) Act 2000 ;
"internal arbitration process" means the internal arbitration process of a Council under section 141;
"law enforcement agency" means—
(a) Victoria Police; or
(b) the police force or police service of another State or a Territory; or
(c) the Australian Federal Police; or
(d) the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or
(e) a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or
(f) the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 ; or
(g) the IBAC; or
(h) the sheriff within the meaning of the Sheriff Act 2009 ; or
(i) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011 ; or
(j) an agency responsible for the performance of functions or activities directed to—
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or
(ii) the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or
(k) an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or
(l) an agency responsible for the protection of the public revenue under a law administered by it;
S. 3(1) def. of Mayoral training inserted by No. 23/2024 s. 35(1).
"Mayoral training "means the training specified in section 27A ;
"member of Council staff" means a natural person appointed by the Chief Executive Officer (other than an independent contractor under a contract for services or a volunteer) under section 48 to enable—
(a) the functions of the Council under this Act or any other Act to be carried out; and
(b) the Chief Executive Officer to carry out their functions;
Note
The Chief Executive Officer is also a member of Council staff—see section 44(5).
S. 3(1) def. of misconduct amended by Nos 30/2022 s. 21(a), 23/2024 s. 35(2)(b).
"misconduct" by a Councillor means any breach by a Councillor of the Model Councillor Code of Conduct;
S. 3(1) def. of Model Councillor Code of Conduct inserted by No. 23/2024 s. 35(2)(a).
"Model Councillor Code of Conduct" means the Code of Conduct prescribed in accordance with section 139;
"municipal community" includes—
(a) people who live in the municipal district of the Council; and
(b) people and bodies who are ratepayers of the Council; and
(c) traditional owners of land in the municipal district of the Council; and
(d) people and bodies who conduct activities in the municipal district of the Council;
"municipal district" means the district under the local government of a Council;
"Municipal Monitor" means a person appointed to be a Municipal Monitor to a Council under section 179;
"nomination day" means the last day on which nominations to be a candidate at a Council election may be received in accordance with this Act and the regulations;
"overarching governance principles" means the principles specified in section 9(2);
"owner", in relation to any land, means the person who is entitled to receive the rack-rent for the land or who, if the land were let at a rack-rent, would be entitled to receive the rent;
"panel list", in relation to arbiters, means the panel list established by the Secretary under section 142;
"panel list", in relation to Councillor Conduct Panels, means the panel list established by the Minister under section 153 for the purposes of forming Councillor Conduct Panels;
"person", in relation to Divisions 1 to 9 of Part 8, means a natural person who has attained the age of 18 years;
"police officer" has the same meaning as it has in the Victoria Police Act 2013 ;
"Principal Accounting Officer" means the person designated by the Chief Executive Officer of a Council as the officer responsible for managing the Council's finances;
"Principal Councillor Conduct Registrar" means the person appointed by the Secretary to be the Principal Councillor Conduct Registrar under section 148;
"principal place of residence" has the same meaning as it has in section 3 of the Electoral Act 2002 ;
S. 3(1) def. of professional development training inserted by No. 23/2024 s. 35(1).
"professional development training" means the training specified in section 33A;
"public body" means any government department or municipal Council or body established for a public purpose by an Act of the Parliament of Victoria, any other State, or a Territory of the Commonwealth, or the Commonwealth;
"public interest complaint" has the same meaning as it has in section 3 of the Public Interest Disclosures Act 2012 ;
"public transparency policy" means a public transparency policy adopted under section 57;
"public transparency principles" means the principles specified in section 58;
"publish" means publish by any means including by publication on the Internet;
"rateable property", in relation to Division 1 of Part 8, means an occupancy which—
(a) is required to be separately valued under section 13DC of the Valuation of Land Act 1960 ; and
(b) is rateable land but does not include an occupancy that is used, or is intended to be used, for the sole purpose of—
(i) parking a single motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986 ; or
(ii) mooring a single vessel within the meaning of section 3(1) of the Marine Safety Act 2010 ; or
(iii) storage, being a single lockable unit with a floor area not exceeding 25 square metres;
"restricted matter" means any of the following—
(a) any evidence or information given to, or obtained by, the Chief Municipal Inspector;
(b) the contents of any document produced to, or obtained by, the Chief Municipal Inspector;
(c) the existence of, or any information about, a confidentiality notice or a requirement under section 183(3) to appear before the Chief Municipal Inspector for examination;
(d) the subject matter of an investigation by the Chief Municipal Inspector;
(e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Chief Municipal Inspector, to be identified or located;
(f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Chief Municipal Inspector;
(g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012 ;
(h) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;
(i) the fact that the Chief Municipal Inspector intends to conduct an investigation on a public interest disclosure;
"restructuring advisory panel" means a panel established by the Minister under section 239(1);
"Secretary" means Secretary to the Department;
"serious misconduct" by a Councillor means any of the following—
(a) the failure by a Councillor to comply with the Council's internal arbitration process;
(b) the failure by a Councillor to comply with a direction given to the Councillor by an arbiter under section 147;
(c) the failure of a Councillor to attend a Councillor Conduct Panel hearing in respect of that Councillor;
(d) the failure of a Councillor to comply with a direction of a Councillor Conduct Panel;
(e) continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by an arbiter or by a Councillor Conduct Panel under section 167(1)(b);
(f) bullying by a Councillor of another Councillor or a member of Council staff;
(g) conduct by a Councillor that is conduct of the type that is sexual harassment of a Councillor or a member of Council staff;
(h) the disclosure by a Councillor of information the Councillor knows, or should reasonably know, is confidential information;
(i) conduct by a Councillor that contravenes the requirement that a Councillor must not direct, or seek to direct, a member of Council staff;
(j) the failure by a Councillor to disclose a conflict of interest and to exclude themselves from the decision making process when required to do so in accordance with this Act;
"service performance principles" means the principles specified in section 106(2);
sexual harassment has the meaning given by section 92 of the Equal Opportunity Act 2010 ;
"spouse" of a person means a person to whom the person is married;
S. 3(1) def. of standards of conduct amended by No. 30/2022 s. 21(b), repealed by No. 23/2024 s. 35(2)(c).
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"strategic planning principles" means the principles specified in section 89(2);
"supporting principles" means the principles specified in section 9(3)
"traditional owners" means—
(a) the members of a registered Aboriginal party under the Aboriginal Heritage Act 2006 ; and
(b) the members of a traditional owner group within the meaning of section 3 of the Traditional Owner Settlement Act 2010 ;
unenrolled voter means a person who is entitled to be enrolled on a voters' roll but is not so enrolled;
"VEC" means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002 ;
S. 3(1) def. of Victorian Inspectorate Officer inserted by No. 31/2024 s. 67.
Victorian Inspectorate Officer has the meaning given by section 3(1) of the Victorian Inspectorate Act 2011 ;
"voter" means a person who is enrolled on a voters' roll;
"voting centre" means a place appointed by the election manager for voting at an election as—
(a) an early voting centre; or
(b) a mobile voting centre; or
(c) an election day voting centre;
"ward" means—
(a) a subdivision of a municipal district; or
(b) if the municipal district is not subdivided, the municipal district;
"workforce plan" means a workforce plan developed and maintained by the Chief Executive Officer of a Council under section 46(4)(a);
"Yarra protection principles" has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
"Yarra River land" has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
"Yarra Strategic Plan" has the same meaning as it has in the Yarra River Protection (Wilip‑gin Birrarung murron) Act 2017 ;
"Yarra Strategic Plan area" has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 .
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered relationship" has the same meaning as it has in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
(3) In this Act, unless otherwise expressly provided, a reference to an "election" means a reference to the following—
(a) a general election conducted under section 257;
(b) a by-election conducted under section 260;
(c) a countback conducted under section 261.
(4) In this Act, "electoral matter" means matter which is intended or likely to affect voting in an election, but does not include any electoral material produced by or on behalf of the election manager for the purposes of conducting an election.
(5) Without limiting the generality of the definition of "electoral matter", matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—
(a) the election; or
(b) a candidate in the election; or
(c) an issue submitted to, or otherwise before, the voters in connection with the election.
S. 3(6) inserted by No. 23/2024 s. 4(3).
(6) For the purposes of an election held on the election day that is 26 October 2024, "close of the roll" means 4 p.m. on the day that is—
(a) 80 days before 26 October 2024; or
(b) if the day determined under paragraph (a) is a public holiday, the last working day before that day.