LOCAL GOVERNMENT ACT 1989

Victorian Consolidated Legislation

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LOCAL GOVERNMENT ACT 1989

No. 11 of 1989
Version incorporating amendments as at 1 January 2012

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Preamble
1A. Interpretation of Act
2. Commencement
3. Definitions
3AA. Transport Integration Act 2010.

PART 1A-LOCAL GOVERNMENT CHARTER

3A. What is the purpose of local government?
3B. How is a Council constituted?
3C. Objectives of a Council
3D. What is the role of a Council?
3E. What are the functions of a Council?
3F. What are the powers of Councils?

PART 2-THE COUNCIL

4. Types of Councils
5. The Council
5A. Council may be referred to by standardised name
5B. Constitution of Council
6-8. Repealed
9. Resolution of disputes
10. Repealed

PART 3-ELECTIONS

Division 1-Voters

11. Entitlements relating to enrolment
12. Residents entitled to be enrolled without application
13. Owner ratepayers entitled to be enrolled without application
13A. Repealed
14. Owner ratepayers may apply for enrolment
15. Occupier ratepayers may apply to be enrolled
16. Provisions relating to corporations
17. Provisions relating to appointments and enrolments
18. Repealed
18A. Repealed
19. Repealed
20. Request that address not be shown

Division 2-Voters' rolls

21. Victorian Electoral Commission to prepare voters' list of residents
21A. Repealed
22. Chief Executive Officer to prepare voters' list of ratepayers
22A. Repealed
23. Registrar to prepare exhibition roll
23A. Public notification and exhibition
24. Preparation of voters' rolls
24A. Amendment of voters' roll
24B. Inspection of voters' roll
24C. Provision of voters' rolls
25. Validity of voters' rolls
26. Victorian Electoral Commission's expenses
27. Offences relating to voters' rolls

Division 3-Qualification of Councillors

28. Qualification to be a Councillor
28A. Disqualification to be a Councillor due to conflicting duties
28B. Transitional provision
29. Disqualifications
30. Relief from disqualification

Division 4-Holding of general elections

31. General elections
32. Repealed

Division 5-Repealed

33-36. Repealed

Division 6-Extraordinary vacancies

37. Extraordinary vacancy within 6 months before a general
election
37A. Extraordinary vacancies-Councillors elected under
Schedule 3 (Part 4A) or 3A.
38. By-elections

Division 7-Conduct of elections and polls of voters

39. One vote per person
40. Voting is compulsory
40A, 40B Repealed
41. Holding of an election
41A. Election or poll by postal voting
42. Voting and counting of votes and polls of voters
43. Governor in Council may give directions

Division 8-General provisions

44. Municipal electoral tribunals
45. Application for an inquiry
46. Powers of a municipal electoral tribunal
47. Report to the Minister
48. Decision of municipal electoral tribunal
49. Reasons for decision
50. Scrutiny of voters' roll
51. Validity of election or poll
52. Unlawful nomination
53. Prohibition of canvassing near voting centre
54. Interfering with rights
55. Printing and publication of electoral advertisements, handbills, pamphlets or notices
55A. Misleading or deceptive matter
55B. Heading to electoral advertisements
55C. Authors to be identified
55D. Prohibition on Council
56. Distribution of printed electoral material
56A. Power to request handing over of how-to-vote cards
57. False or defamatory statements
57A. Injunction
58. Offences relating to ballot-papers
58A. Offence to interfere with postal ballot materials
59. Bribery, treating and undue influence
60. Infringement of secrecy
61. Penalty on officers

Division 9-Election campaign donations

62. Return by candidate
62A. Responsibilities of Chief Executive Officer
62B. Certain gifts not to be accepted

PART 4-COUNCIL ADMINISTRATION

Division 1-The Mayor and other Councillors

63. Oath of office
64. Failure to take oath of office
65. Repealed
66. Penalty for acting as Councillor if incapable
66AA. Order for return of allowances or entitlements
66AB. Offences committed by person acting as Councillor
66A. Suspension of Councillor
66B. Leave of absence of Councillor
67. Ouster from office
68. Retirement of Councillors
68A. Resignation of Councillor
69. Extraordinary vacancies
69A. Multiple extraordinary vacancies
70. Candidate for election
71. Election of Mayor
72. Term of office
72A. Repealed
73. Precedence of Mayor
73A. Review of allowance categories
73B. Review of allowance limits and ranges
74. Councillor and Mayoral Allowances
74A. General provisions relating to allowances
74B. Allowance Orders
74C. Advisory panel
75. Reimbursement of expenses of Councillors
75A. Reimbursement of expenses of members of council committees
75B. Councillor reimbursement policy
75C. Resources and facilities for Councillors
76. Indemnity provision
76A. Council must take out insurance cover

Division 1A-Conduct and interests

76AA. Definitions
76B. Primary principle of Councillor conduct
76BA. General Councillor conduct principles
76C. Councillor Code of Conduct
76D. Misuse of position
76E. Improper direction and improper influence
77. Confidential information
77A. Direct and indirect interests
77B. Direct interest
78. Indirect interest by close association
78A. Indirect interest that is an indirect financial interest
78B. Indirect interest because of conflicting duties
78C. Indirect interest because of receipt of an applicable gift
78D. Indirect interest as a consequence of becoming an interested
party
78E. Indirect interest because of impact on residential amenity
79. Disclosure of conflict of interest
79A. Repealed
79B. Conflicting personal interest
79C. Certain situations where Councillor taken to not have a
conflict of interest
79D. Person may make submission despite conflict of interest
80. Exemption by Minister
80A. Requirements to be observed by an assembly of Councillors
80B. Members of Council staff to disclose conflicts of interest in respect of delegated functions
80C. Persons to disclose interests to Council when providing advice
81. Register of interests

Division 1B-Councillor Conduct Panels

81A. Definitions
81B. Application to Councillor Conduct Panel
81C. Dismissal of application
81D. Referral to VCAT
81E. Application on grounds of gross misconduct
81F. Parties to a VCAT proceeding
81G. Notice of a Councillor Conduct Panel
81H. Procedures
81I. Conduct of a Councillor Conduct Panel
81J. Determinations by a Councillor Conduct Panel
81K. Findings and orders by VCAT
81L. Referral by VCAT to Councillor Conduct Panel
81M. Notice of determinations and tabling of decisions
81N. Suspension of matters during election period
81O. Breach of Act by Councillor
81P. Investigation by inspector of municipal administration
81Q. Review by VCAT
81R. Time period for making application to VCAT
81S. Councillor Conduct Panels

Division 2-Procedure and proceedings

82. Council premises and office
82A. Council must maintain an Internet website
83. Types of meetings
84. Special meetings
84A. First meeting after a general election
85. Call of the Council
86. Special committees of the Council
87. Special committee meetings
88. Repealed
89. Meetings to be open to the public
90. Voting
91. Conduct of meetings
92. Validity of proceedings
93. Minutes of meetings
93A. Conduct of Council during election period

Division 3-Council staff

94. The Chief Executive Officer
94A. Functions of the Chief Executive Officer
94AB. Transitional provision relating to senior officers
94B. Restrictions concerning the appointment of senior officers
94C. Employment principles
94D. Duty of Chief Executive Officer
95. Conduct principles
95AA. Code of conduct for Council staff
95A. Employment of senior officers to be regulated by contract
95B. Powers of the Minister concerning the employment of senior officers
95C. Validity of decisions
96. Equal Employment Opportunity
97. Repealed
97A. Performance of senior officers to be assessed annually
97B. Definition of senior officer remuneration threshold
97C Repealed
98. Delegations
99, 100. Repealed
101. Long service leave
102. Restriction concerning the employment of ex-councillors
103-110 Repealed

PART 5-LOCAL LAWS

111. Power to make local laws
111A. Guidelines
112. Incorporation by reference
113. Permits, licences, fees and charges
114. Delegations
115. Penalties
116. Application of local law
117. Infringement notices
118. Local law is a subordinate instrument
119. Procedure for making a local law
120. Availability of local laws
121. Commencement of local laws
122. Sunset provision
123. Revocation by Governor in Council
124. Validity of local law

PART 6-PLANNING AND ACCOUNTABILITY REPORTS

125. Council Plan
126. Strategic Resource Plan
127. Council must prepare a budget
128. Revised budget
129. Public notice
130. Adoption of budget or revised budget
131. Annual report
132. Performance statement
133. Audit report on the performance statement
134. Meeting to consider annual report
135. Minister may direct Council to submit financial statements

PART 7-FINANCIAL MANAGEMENT

136. Principles of sound financial management
137. Budgeting and reporting framework
138. Quarterly statements
139. Audit committee
140. Accounts and records
141. Payments
142. Power to defer or waive payments
143. Investments
144. Power to borrow
145. Circumstances in which power to borrow may be exercised
146. Budget or revised budget must include proposed borrowings
147. Use of loan for different purpose
148. Borrowings to be secured
149. Provisions with respect to securities
150. Overdrafts
151-153 Repealed

PART 8-RATES AND CHARGES ON RATEABLE LAND

Division 1-Declaration of rates and charges

154. What land is rateable?
155. What rates and charges may a Council declare?
156. Liability to pay rates and charges
157. Which systems of valuing land may a Council use?
158. Declaring rates and charges
158A. Rates and charges to be levied on each occupancy
159. Municipal charge
160. Uniform rate
161. Differential rates
161A. Limited differential rates
162. Service rate and service charge
163. Special rate and special charge
163A. Submissions concerning special rates and charges
163B. Objection process relating to certain special rates and
charges
164. Discontinuance of the works and projects for a special
rate or special charge
165. Receipt of excess money
166. Variation of special rate or special charge

Division 2-Payment of rates and charges

167. Payment of rates and charges
168. Incentives for prompt payment
169. Rebates and concessions
170. Deferred payment
171. Waiver
171A. Waiver by application-financial hardship
172. Council may charge interest on unpaid rates and charges
173. Land becoming or ceasing to be rateable land
174. Repealed
174A. Land which ceases to be urban farm land or residential
use land
175. Person acquiring rateable land
176. Repealed
177. Council may require occupier to pay rent
178. Occupier who pays rates or charges
179. Invalidity of any rate or charge
180. Unpaid rate or charge
181. Council may sell land to recover unpaid rates or charges

Division 3-Reviews and appeals

182. Repealed
183. Review of differential rating by VCAT
184. Appeal to County Court
185. Application to VCAT
185AA. Application for declaration
185AB. Matters VCAT must take into account

PART 8A-MINISTER MAY LIMIT INCOME FROM RATES AND CHARGES

185A. Definition
185B. Minister may give directions concerning rates and charges
185C. Councils must comply with Minister's direction

PART 9-SPECIFIC FUNCTIONS, POWERS AND RESTRICTIONS

Division 1-General provisions

186. Restriction on power to enter into contracts
186A. Procurement policy
187. Acquisition and compensation
187A. Creation of easements
188. Power to accept gifts
189. Restriction on power to sell land
190. Restriction on power to lease land
191. Transfer, exchange or lease of land without consideration
192. Use of land for another purpose
193. Entrepreneurial powers
194. Power to compound
195. Assistance to a member of Council staff
196. Regional libraries
197. Submissions on regional library agreements
197A. Restrictions on the power of a regional library to borrow
197B. Restriction on power of regional library to delegate its
powers
197C. Repealed
197D. Library Plan
197E. Repealed
197F. Restriction on power to make local laws
197G. Winding up of regional libraries
198. Sewers and drains vested in the Council
199. Concentration or diversion of drainage
200. Drainage of land
201. Approved schemes

Division 2-Provisions relating to transport

202. Repealed
203. Transport plan
203A. Transport services
204. Council may declare a road to be a public highway or to
be open to the public
205. Councils to have the care and management of certain roads
206. Power of Councils over roads
207. Powers of Councils over traffic
207A. Submissions under section 223.
207B. Certain land used, or to be used, for roads to vest in
Council
207C. Sewers, pipes, wires etc. of public authorities not
affected
207D. Registration of titles of land affected by action
concerning roads
207E. Alterations to titles if land exchanged
207F. Repealed
208. Transport Integration Act 2010, Transport (Compliance
and Miscellaneous) Act 1983, Road Management
Act 2004 and Road Safety Act 1986.

Division 3-Best value principles

208A. Best Value Principles to be followed
208B. Best Value Principles
208BA. Repealed
208C. Factors that may be looked at in applying the Principles
208D. Quality and cost standards
208E. When the Best Value Principles are to be implemented
208F. Standards to be publicly available
208G. Report on Best Value Principles compliance
208H. Ministerial Codes
208I. Ministerial guidelines
208J. Minister must consult

PART 10-INQUIRIES, REVIEWS AND SUSPENSION OF COUNCILS

Division 1-Inquiries and suspension of Councillors

209. Minister may appoint Commissioner and establish inquiry
210. Protection of Commissioner
211. Rules of evidence do not apply
212. Witnesses may be represented
213. Access of Commissioner to places, documents etc.
214. Powers of Commissioner
215. Some proceedings of inquiry may be in private
216. Publishing report of Commissioner or proceedings
217. Notice to Council
218. Outcome of inquiry
219. Suspension of Councillors

Division 2-Electoral representation reviews

219A. Purpose of this Division
219B. Definitions
219C. When is a review required?
219D. Purpose of review
219E. Repealed
219F. Conduct of review
219G. Implementation of review

Division 3-Subdivision reviews

219H. Application of Division
219I. Definitions
219J. Duty of Victorian Electoral Commission
219K. Power of Minister
219L. Purpose of subdivision review
219M. Repealed
219N. Conduct of subdivision review
219O. Implementation of subdivision review

Division 4-Review and subdivision review expenses

219P. Victorian Electoral Commission's expenses
220. Repealed

PART 10A-LOCAL GOVERNMENT PANELS

220A. Local government panels
220B. Membership of panels
220C. Conditions of appointment
220D. Panel proceedings
220E. Improper use of information

PART 10B-LOCAL GOVERNMENT RESTRUCTURING REVIEWS

220F. Terms of review must be publicised
220G. Conduct of the review
220H. Legal proceedings excluded
220I. Supreme Court-limitation of jurisdiction
220J-220O Repealed

PART 10C-RESTRUCTURING ORDERS

220P. Operation of this Part
220Q. Power to make Orders
220R. Matters which may be included in Order
220S. General provisions relating to Orders
220T. Panel review not needed for minor boundary changes

PART 11-GENERAL

221. Service charges on non-rateable land
222. Right of inspection
223. Right to make submission
223A. Appointment of inspectors of municipal administration
223B. Powers of inspectors of municipal administration
223C. Offences relating to investigations
224. Authorised officers
224A. Police may act as authorised officers to enforce certain
local laws
225. When Council or other person can carry out required work
226. Right of owner to carry out required work on occupied land
227. Recovery of money owed to Council by former owner or occupier
227AA. Recovery of costs and fees under Housing Act 1983.
227A. Council may charge interest on unpaid money
228. Indemnity provision
229. Land information certificate
230. Notice in relation to disposition of land
231. Notice in relation to acquisition of land
232. Proceedings
233. Service on a Council
234. Service on a person
235. Evidence of service
236. Power of delegation
237. Council records and information
238. Obstructing Council
238A. False written declaration
239. Persons who are liable for offences
240. Penalties
240A. Imposition of a surcharge
240B. Payment of the surcharge
241. Evidence of ownership
242. Evidentiary provisions
242A. Repealed
243. Regulations

PART 12-SAVINGS AND TRANSITIONAL PROVISIONS

244. Local Government (Consequential Provisions) Act 1989.
245-264. Repealed
SCHEDULE 1-Repealed
SCHEDULE 2-Provisions with Respect to the Holding of an Election
1. Returning officer and staff
2. Declaration before carrying out duties
3. Notice of election
4. Returning officer to give election advice
5. Nomination form
6. Validity of candidature
7. Withdrawal of nomination
8. Retirement of a candidate
9. Death of a candidate
10. Filling of vacancies
11. Availability of nomination information
12, 13. Repealed
14. Ballot-papers
15. Scrutineers
16. Repealed
17. Power to keep the peace
18-22. Repealed
23. Declaration of result
24. Refund of deposit
25. Death or incapacity of an elected candidate before the
declaration of the result
26. Repealed
SCHEDULE 3-Provisions with Respect to Voting and the
Counting of Votes and Polls of Voters

PART 1-VOTING
1. Marking of ballot-papers
2. Disadvantaged voters
3, 4. Repealed

PART 2-GENERAL PROVISIONS
5. Place where votes to be counted
5A. Use of electronic counting equipment and systems
6-8. Repealed

PART 3-RESULT WHERE ONLY ONE COUNCILLOR IS
TO BE ELECTED
9. Only two candidates
10. More than two candidates

PART 4-Repealed
11. Repealed

PART 4A-RESULT WHERE TWO OR MORE COUNCILLORS ARE TO BE ELECTED
11A. Repealed
11B. 2 or more Councillors to be elected

PART 5-MISCELLANEOUS PROVISIONS

12. Adjournment of count
13. Recount of votes
14. Report on election by returning officer
15. Ballot material and records to be secured and stored

PART 6-PROVISIONS RELATING TO POLLS OF VOTERS

16. Repealed
17. Conduct of the poll
SCHEDULE 3A-Provisions with Respect to Filling Extraordinary Vacancies

PART 1-PRELIMINARY MATTERS
1. Definitions
2. Exclusion of candidate
3. Filling of multiple vacancies
4. Procedure if there are no eligible candidates
5. Procedure if there is only one eligible candidate
6. Procedure if there is more than one eligible candidate
7. Conduct of countback
7A. Procedure if the countback fails
8. Other matters

PART 2-COUNTBACK PROCEDURE
9. Repealed
10. Counting of votes at a countback
11. Relevant ballot-papers to be ascertained
12. Votes to be transferred from vacating Councillor to eligible candidates
13. Countback to be stopped if absolute majority obtained
14. Next stage (if necessary)
15. Process if vote equal
16. Final stage (if necessary)

17. Declaration of result
18. Repealed
19. Replacement of a Councillor elected at a countback

PART 3-Repealed

20-22. Repealed
SCHEDULE 4-Provisions Relating to Municipal Electoral Tribunals
1. Constitution
2. Terms and conditions
3. Procedure of a Tribunal
4. Evidence
5. Appearance before a Tribunal
6. Protection of members, legal practitioners, persons and
witnesses
7. Failure of witnesses to attend
8. Refusal to be sworn or to answer questions
9. Contempt of a Tribunal
10. Costs
11. Enforcement of costs order
SCHEDULE 5-Provisions with Respect to Establishing
Councillor Conduct Panels
1. Definitions
2. Councillor Conduct Panels
3. Establishment of CCP Lists by MAV
4. Notifying Councils of intended appointees
5. Establishing a Councillor Conduct Panel-duties of CCP Registrar
6. Related applications
7. Other duties of CCP Registrar
8. Duties of the Chief Executive Officer in relation to
Councillor Conduct Panels
9. Councillor Conduct Panel formation
10. Conflicts of interest, ineligibility or unavailability of
Councillor Conduct Panel members
11. Establishment of Councillor Conduct Panel impossible based
on existing lists
12. Dissolution of Councillor Conduct Panel
13. Immunity
SCHEDULE 6-Provisions with Respect to Equal Employment Opportunity

PART 1-DEFINITIONS
1. Definitions

PART 2-EQUAL EMPLOYMENT OPPORTUNITY
PROGRAMS
2. Equal employment opportunity programs
3. Contents of equal employment opportunity program
4. Regard to be had to equal employment opportunity program
5. Council may use special tests and qualifications
6. Exemptions from this Part
SCHEDULE 7-Repealed
SCHEDULE 8-Provisions with Respect to Local Laws
SCHEDULE 8A-Repealed
SCHEDULE 9-Provisions Relating to Securities
1. Protection of security holders
2. Priority of security holders
3. No claim against Consolidated Fund
4. Appointment of receivers
5. Powers of receivers
6. Application of money
SCHEDULE 10-Powers of Councils over Roads
1. Power to construct and maintain roads
2. Power to deviate roads
3. Power to discontinue roads
4. Power to take road making materials
5. Power to name roads, erect signs and require premises to be numbered
6. Power to establish survey marks
7. Power to fix road alignment
8. Power to narrow or widen roads
9. Power to provide for temporary roads
10. Powers concerning fences, gates and by-passes
11. Power concerning holes and other dangers
12. Powers concerning crossings over footpaths and channels
SCHEDULE 11-Powers of Councils over Traffic
1. Powers concerning parking
2. Power to issue special parking permits
3. Power to remove unregistered or abandoned vehicles
4. Power to move obstructing vehicles
5. Power to move other obstructions
6. Power to restrict traffic near a construction site
7. Power to close road on seasonal basis
8. Power to erect and remove works and structures
9. Power to place obstructions or barriers on a road permanently
10. Power to place obstructions or barriers on a road temporarily
11. Powers concerning shopping malls
12. Power to restrict use of road by vehicles of a certain size etc.
13. Power to determine speed limits
14. Power to prohibit traffic on unsafe roads
SCHEDULE 11A-Repealed
SCHEDULE 12-Regulations
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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