Victorian Consolidated Legislation

Local Government Act 1989 - SECT 94

The Chief Executive Officer

94. The Chief Executive Officer



(1) A Council must appoint a natural person to be its Chief Executive Officer.





(1A) The Council must make a permanent appointment to the position of Chief
Executive Officer as soon as is reasonably practicable after a vacancy in the
position occurs.

(2) The Chief Executive Officer is a member of Council staff.

(3) A Council may only appoint a person to be its Chief Executive Officer
after it has invited applications for the position in a notice in a newspaper
circulating generally throughout Victoria and has considered all applications
received by it that comply with the conditions specified in the notice.

(4) Subsection (3) does not apply if-

   (a)  in the 6 months immediately before the person's contract as Chief
        Executive Officer is due to expire, the Council passes a resolution to
        reappoint that person as its Chief Executive Officer; and

   (b)  at least 14 days before the resolution is passed, public notice was
        given of the intention to put the resolution; and

   (c)  the public notice contained-

   (i)  a statement that the passing of the resolution would result in the
        reappointment of the Chief Executive Officer without the position
        being advertised; and

   (ii) any other details required by the regulations.

(4A) Subsection (3) also does not apply if a Council appoints a person to act
as its Chief Executive Officer for a period of not more than 12 months.

(5) A Council must not remunerate in any way a person who has filled the Chief
Executive Officer's position on an acting basis for 12 months for anything the
person does in respect of that position after that 12 month period (unless the
person is appointed after the Council has complied with subsection (3)).

(6) If a Council passes a resolution to reappoint a person as its Chief
Executive Officer without advertising the position, the Council must make
details of the person's proposed total remuneration as Chief Executive Officer
under the new contract available for public inspection within 14 days after
the passing of the resolution.

(7) A contract of employment as Chief Executive Officer between a Council and
a person is void if it is made-

   (a)  in circumstances that are contrary to this section; or

   (b)  while a current contract of employment as Chief Executive Officer with
        the person exists and that current contract is not due to expire for
        at least another 6 months (regardless of whether or not the Chief
        Executive Officer's position has been readvertised); or

   (c)  before a general election for a term that continues after the general
        election and the contract of employment was entered into following a
        variation made to the Chief Executive Officer's then current contract
        of employment that reduced its term.