Victorian Consolidated Legislation

Local Government Act 1989 - SECT 29

Disqualifications

29. Disqualifications



(1) A person is not capable of becoming or continuing to be a Councillor or
nominating as a candidate at an election if-

   (a)  he or she is an undischarged bankrupt; or

   (b)  his or her property is subject to control under the law relating to
        bankruptcy; or

   (c)  he or she is of unsound mind; or

   (d)  except as provided in subsection (3), he or she is a member of Council
        staff of the Council for which he or she intends to be a Councillor;
        or

   (e)  he or she has not taken the oath of office of Councillor within 3
        months after the day on which he or she was declared elected; or

   (f)  he or she is not a person referred to in section 48(1)(a) of the
        Constitution Act 1975; or

   (fa) he or she has been disqualified under section 81K after a finding of
        gross misconduct and the period of disqualification specified in the
        order made by VCAT under that section has not expired; or

   (g)  he or she is otherwise incapable of becoming or continuing to be a
        Councillor under this Act.

(2) A person who-





   (a)  is convicted of an offence against section 76D, 79, 80A or 80B; or



   (ab) is convicted of an offence against section 55A(1), 56, 56A, 57, 58(1),
        58(2), 58(3), 58A, 59 or 60; or







   (b)  has been convicted of an offence committed when he or she was of or
        over 18 years of age which is punishable upon first conviction for a
        term of imprisonment of 5 years or more under the law of Victoria or
        the law of any other State or Territory of the Commonwealth of
        Australia or the law of the Commonwealth of Australia-

is not capable of becoming or continuing to be a Councillor for a period of 7
years after the conviction.

(3) Subsection (1)(d) does not apply to a member of the Council staff who
takes leave to stand for election to the office of Councillor and who if
elected resigns from the Council staff immediately upon being declared
elected.

(4) If a Councillor is charged with an offence referred to in subsection (2),
the Secretary may apply to VCAT for an order requiring the Councillor to take
leave of absence from the office of Councillor until the proceedings in
respect of the charge are finally determined.

(5) Before VCAT makes an order under subsection (4), VCAT must have regard to
the nature and circumstances of the charge.

(6) An order made under subsection (4) ceases to have effect if-

   (a)  the relevant charge is withdrawn; or

   (b)  the Councillor is not convicted of the offence.

(7) If-

   (a)  a person is not capable of becoming a Councillor or cannot continue to
        be a Councillor because he or she has been convicted of an offence
        referred to in subsection (2); and

   (b)  that person lodges an appeal in respect of the conviction-

he or she is taken to be on leave of absence from the office of Councillor and
their allowance must be withheld until the appeal is determined or withdrawn.

(8) If the conviction referred to in subsection (7) is quashed following the
appeal-

   (a)  the leave of absence the Councillor was required to take ceases; and

   (b)  the Councillor is entitled to receive any allowances that were
        withheld during the leave period.