Victorian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT (GOVERNANCE AND INTEGRITY) REGULATIONS 2020 - REG 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;

              (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;

        (l)     the adoption, review or amendment of a Councillor Code of Conduct under section 139 or 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 ;

        (c)     as a member of the Country Fire Authority appointed under section 7 of the Country Fire Authority Act 1958 ;

        (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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback