LOCAL GOVERNMENT ACT 2020
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Objectives of Act
- 5 Act is interface legislation and filming approval legislation
- 6 Obligations of Council in relation to Yarra River land
- 7 Obligations of Council in relation to declared areas
- 7A Obligations of Council in relation to Great Ocean Road region
PART 2--COUNCILS
Division 1--Role and powers of a Council
- 8 Role of a Council
- 9 Overarching governance principles and supporting principles
- 10 General power
- 11 Power of delegation
Division 2--Constitution of a Council
- 12 How is a Council constituted?
- 13 Constitution of a Council
- 14 Council is a body corporate
- 15 Electoral structure of a Council
- 16 Electoral structure review
- 17 Ward boundary review
Division 3--The Mayor and the Deputy Mayor
- 18 Role of the Mayor
- 19 Specific powers of the Mayor
- 20 When does the office of Mayor become vacant?
- 20A Office of Deputy Mayor
- 20B Acting Mayor
- 21 Role and powers of the Deputy Mayor
- 22 When does the office of Deputy Mayor become vacant?
- 23 Declaration of office of Mayor or Deputy Mayor to be vacant
- 24 Local Government Mayoral Advisory Panel
Division 4--Election of Mayor and Deputy Mayor
Division 5--Councillors
- 28 Role of a Councillor
- 29 Term of office of a Councillor
- 30 Oath or affirmation of office
- 31 Failure to take oath or affirmation of office
- 32 Councillor induction training
- 33 Failure to take Councillor induction training and make declaration
- 34 Qualification to be a Councillor
- 35 Councillor ceasing to hold office
- 36 Ouster from office
- 37 Suspension of Councillor
- 38 Penalty for acting as a Councillor when not qualified or ceasing to hold office
Division 6--Entitlements
- 39 Allowances for Mayors, Deputy Mayors and Councillors
- 40 Reimbursement of expenses of Councillors and members of a delegated committee
- 41 Council expenses policy
- 42 Resources and facilities for the Mayor and Councillors
- 43 Indemnity provision
Division 7--Chief Executive Officer and members of Council staff
- 44 The Chief Executive Officer
- 45 Chief Executive Officer Employment and Remuneration Policy
- 46 Functions of the Chief Executive Officer
- 47 Delegations by Chief Executive Officer
- 48 Members of Council staff
- 49 Code of conduct for members of Council staff
- 50 Long service leave
- 51 Validity of decisions
- 52 Indemnity provision for Chief Executive Officer and members of Council staff
Division 8--Audit and Risk Committee
- 53 Council must establish an Audit and Risk Committee
- 54 Audit and Risk Committee Charter
PART 3--COUNCIL DECISION MAKING
Division 1--Community accountability
- 55 Community engagement policy
- 56 The community engagement principles
- 57 Public transparency policy
- 58 The public transparency principles
Division 2--Procedure and proceedings
- 59 Resolution of the Council
- 60 Governance Rules
- 61 Council meetings
- 62 Joint meetings of Councils
- 63 Delegated committees
- 64 Joint delegated committees
- 65 Community Asset Committee
- 66 Meetings to be open to the public unless specified circumstances apply
- 67 Council decision making where quorum cannot be maintained
- 68 Validity of proceedings
- 69 Governance Rules to include election period policy
- 70 Prohibition of Councillor discretionary funds
Division 3--Local laws
- 71 Power to make local laws
- 72 Local law requirements
- 73 Proposing a local law
- 74 Making a local law
- 75 Availability of a local law
- 76 Incorporation by reference
- 77 Permits, licences, fees and charges
- 78 Delegation and discretionary authority
- 79 Penalties
- 80 Application of local law
- 81 Infringement notices
- 82 Recovery of penalty
- 83 Commencement of local law
- 84 Sunset provision
- 85 Revocation by Governor in Council
- 86 Validity of local law
Division 4--Good practice guidelines
- 87 Minister may issue good practice guidelines
PART 4--PLANNING AND FINANCIAL MANAGEMENT
Division 1--Strategic planning
- 88 Community Vision
- 89 Strategic planning principles
- 90 Council Plan
- 91 Financial Plan
- 92 Asset Plan
- 93 Revenue and Rating Plan
Division 2--Budget processes
- 94 The budget
- 95 Revised budget
- 96 Preparation of budget or revised budget
- 97 Quarterly budget report
Division 3--Reporting
Division 4--Financial management
- 101 Financial management principles
- 102 Financial policies
- 103 Investments
- 104 Borrowings
- 105 Accounts and records
PART 5--COUNCIL OPERATIONS
Division 1--Service performance
- 106 Service performance principles
- 107 Complaints policy
Division 2--Procurement
Division 3--Beneficial enterprises
Division 4--Powers in relation to land
- 112 Acquisition and compensation
- 113 Creation of easements
- 114 Restriction on power to sell or exchange land
- 115 Lease of land
- 116 Transfer, exchange or lease of land without consideration
Division 5--Carrying out works on land
- 117 When Council or other person can carry out required work
- 118 Right of owner to carry out required work on occupied land
Division 6--Unpaid money
- 119 Recovery of money owed to Council by former owner or occupier
- 120 Council may charge interest on unpaid money
Division 7--Land information
- 121 Land information certificate
- 122 Notice in relation to acquisition of land
PART 6--COUNCIL INTEGRITY
Division 1--Improper conduct
- 123 Misuse of position
- 124 Directing a member of Council staff
- 125 Confidential information
Division 2--Conflict of interest
- 126 Definitions
- 127 General conflict of interest
- 128 Material conflict of interest
- 129 Exemptions
- 130 Disclosure of conflict of interest
- 131 Disclosure of conflict of interest at other meetings
Division 3--Personal interests returns
- 132 Definitions
- 133 Lodging of an initial personal interests return
- 134 Lodging of a biannual personal interests return
- 135 Public access to summary of personal interests
- 136 Confidentiality of personal interests returns
Division 4--Gifts
- 137 Anonymous gift not to be accepted
- 138 Councillor gift policy
Division 5--Councillor conduct
- 139 Councillor Code of Conduct
- 140 Review or amendment of Councillor Code of Conduct
- 141 Internal arbitration process
- 142 The panel list
- 143 Application for an internal arbitration process
- 144 Principal Councillor Conduct Registrar must examine application
- 145 Internal arbitration information
- 146 Arbiter must refer certain applications
- 147 Sanctions that may be imposed by an arbiter on finding of misconduct
- 147A Immunity of arbiters
Division 6--Appointment and functions of Principal Councillor Conduct Registrar and Councillor Conduct Officers
- 148 Appointment of Principal Councillor Conduct Registrar
- 149 Functions and powers of the Principal Councillor Conduct Registrar
- 150 Appointment of Councillor Conduct Officer
- 151 Functions of a Councillor Conduct Officer
- 152 Council must pay fees
Division 7--Councillor Conduct Panels and VCAT
- 153 The panel list
- 154 Application to Councillor Conduct Panel
- 155 Principal Councillor Conduct Registrar must examine application
- 156 Principal Councillor Conduct Registrar to form Councillor Conduct Panel
- 157 Related applications
- 158 Charge for certain offences not to proceed if application has been made
- 159 Application not to be made if charge has been made for certain offences
- 160 Notice of a Councillor Conduct Panel
- 161 Procedures
- 162 Obligation on Council
- 163 Conduct of a Councillor Conduct Panel
- 164 Dissolution of Councillor Conduct Panels
- 165 Notification to Chief Municipal Inspector of apparent offence
- 166 Investigation by Chief Municipal Inspector
- 167 Determinations by a Councillor Conduct Panel
- 168 Notice and tabling of decision
- 169 Councillor Conduct Panel confidential information
- 170 Review by VCAT
- 171 Application to VCAT on grounds of gross misconduct
- 172 Powers of VCAT in relation to finding of gross misconduct
- 173 Suspension of matters during election period
- 174 Immunity
PART 7--MINISTERIAL OVERSIGHT
Division 1--Governance directions
Division 2--Compliance exemptions
Division 3--Municipal Monitors
- 179 Municipal Monitor
- 180 Functions of a Municipal Monitor
- 181 Powers of Municipal Monitor
Division 4--Chief Municipal Inspector
- 182 Appointment of Chief Municipal Inspector
- 183 Powers of the Chief Municipal Inspector
- 184 Chief Municipal Inspector must investigate public interest complaints
- 185 Chief Municipal Inspector must refuse to investigate certain public interest complaints
- 186 Chief Municipal Inspector may refuse to investigate certain public interest complaints
- 187 Notification of refusal to conduct investigation on public interest complaint
- 188 Notification of corrupt conduct
- 189 Procedure on completion of investigation of public interest complaint
- 190 Person who made public interest disclosure to be informed of result of investigation
- 191 Chief Municipal Inspector must not disclose certain information
- 192 Disclosure of information by the Chief Municipal Inspector
- 193 Confidentiality notice
- 194 Extension of confidentiality notice
- 195 Chief Municipal Inspector to provide the IBAC with copies
- 196 Disclosure subject to confidentiality notice
- 197 Delegation by Chief Municipal Inspector
- 198 Offences in relation to Chief Municipal Inspector
- 199 Referral to Supreme Court
- 199A Act applies equally to attendance in person or by audio or audio visual link
Division 5--Commissions of Inquiry
- 200 Appointment of Commission of Inquiry
- 201 Appointment of Commissioners
- 202 Services to support Commission of Inquiry
- 203 Certain public sector values do not apply to Commission of Inquiry staff
- 204 Manner of inquiry of Commission of Inquiry
- 205 Rules of evidence do not apply
- 206 Power to serve a written notice
- 207 Power to examine person under oath or on affirmation
- 208 Powers in relation to documents and other things
- 209 Witnesses may be represented
- 210 Proceedings of the inquiry may be open or closed
- 211 Access to Commission of Inquiry proceedings
- 212 Restriction on publication of information relating to inquiries
- 213 Offence to contravene exclusion or restriction orders
- 214 Order as to costs
- 215 Protection of Commissioners, members of staff, Australian legal practitioners and witnesses
- 216 Admissibility of answers, information, documents and other things
- 217 Adverse findings
- 218 Confidentiality for members of staff
- 219 Disclosure or provision of information by Commission of Inquiry
- 220 Offence to make false or misleading statements or produce false or misleading documents or other things
- 221 Tabling of report of Commission of Inquiry
- 222 Transfer of records
- 223 Exemption from Freedom of Information Act 1982
Division 6--Standing down of Councillor on recommendation of the Minister
- 224 Application of Division
- 225 Referral of Councillor to the Chief Municipal Inspector or a Municipal Monitor
- 226 Chief Municipal Inspector or Municipal Monitor to conduct investigation and prepare a report
- 227 Councillor may respond to report
- 228 Councillor may be ordered to stand down
Division 6A--Standing down of Councillor by VCAT
- 229 Standing down of Councillor by VCAT
Division 7--Suspension of Councillors
- 230 Suspension of all of the Councillors of a Council
- 231 Provisions relating to appointment of administrators
Division 8--Temporary administration
- 232 Temporary administration if multiple extraordinary vacancies created
- 233 Suspension of remaining Councillors
Division 9--Restructuring Orders
- 234 Construction provisions
- 235 Power to make Orders
- 236 Matters which may be included in Order
- 237 General provisions relating to Orders
- 238 Restrictions on making of Order in Council
- 239 Restructuring advisory panels
PART 8--ELECTORAL PROVISIONS
Division 1--Voters
- 240 Entitlements relating to enrolment
- 241 Residents entitled to be enrolled without application
- 242 Owner ratepayers may apply for enrolment
- 243 Entitlement to enrolment without application until the second general election to be conducted under section 257(1)(b) or the general election for Whittlesea City Council and Casey City Council in October 2024
- 244 Occupier ratepayers may apply to be enrolled
- 245 Provisions relating to corporations
- 246 Provisions relating to appointments and enrolments
- 247 Request that address not be shown
Division 2--Voters' rolls
- 248 Chief Executive Officer to prepare voters' list of ratepayers
- 249 VEC to compile voters' rolls
- 250 Amendment of certified voters' roll
- 251 Inspection of certified voters' roll
- 252 Provision of voters' rolls to a candidate
- 253 Provision of voters' rolls to a person or organisation other than a candidate
- 254 Use of voters' roll by the Chief Executive Officer
- 255 Validity of voters' rolls
Division 3--Candidate for election
Division 4--Holding of general elections and by‑elections
- 257 General elections
- 258 Extraordinary vacancy
- 259 When is an extraordinary vacancy not to be filled?
- 260 When is a by-election to be held?
- 261 When is a countback to be held?
Division 5--Conduct of elections
- 262 Voting system
- 263 Conduct of election
- 264 Filling of vacancies
- 265 One vote per person
- 266 Voting is compulsory
- 267 Infringement offence and infringement penalty
- 268 VEC's election and enforcement expenses
- 269 Marking of ballot-paper at election to express preference
- 270 Validity of election
Division 6--Counting of votes--single vacancy
- 271 Application of Division
- 272 Only 2 candidates
- 273 More than 2 candidates
Division 7--Counting of votes--any election to which Division 6 does not apply
- 274 Application of Division
- 275 2 or more Councillors to be elected
Division 8--Countback process and counting of votes
- 276 Definitions
- 277 Exclusion of candidate
- 278 Filling of multiple vacancies
- 279 Procedure if there are no eligible candidates
- 280 Procedure if there is only one eligible candidate
- 281 Procedure if there is more than one eligible candidate
- 282 Conduct of countback
- 283 Procedure if the countback fails
- 284 Declaration of result
- 285 Process for counting of votes at a countback
Division 9--Electoral offences
- 286 Nomination offence
- 287 Printing and publication of electoral material
- 288 Misleading or deceptive matter
- 289 Heading to electoral advertisements
- 290 Author to be identified
- 291 Distribution of printed electoral material
- 292 Power to request handing over of how-to-vote cards
- 293 False or misleading information or particulars
- 294 Voting offences
- 295 Offences at voting centre
- 296 Tampering
- 297 Secrecy of vote
- 298 Agreement to post ballot-paper
- 299 Offence to interfere with postal ballot materials
- 300 Bribery, treating and undue influence
- 301 Interference with political liberty
- 302 Powers of election manager or election official
- 303 Offences relating to members of Council staff, election managers and election officials
- 304 Prohibition on Councillor or member of Council staff
- 305 Injunction
Division 10--Election campaign donations
- 306 Return by candidate
- 307 Responsibilities of Chief Executive Officer
- 308 Other matters relating to summaries of returns
- 309 Certain gifts not to be accepted
- 310 Certain amounts forfeited to State
Division 11--Disputing the validity of an election
PART 9--GENERAL PROVISIONS
- 313 Proceedings
- 314 Service on a Council
- 315 Service on a person
- 316 Evidence of service
- 317 Power of delegation
- 318 Obstructing Council
- 319 Persons who are liable for offences
- 320 Criminal liability of officers of bodies corporate—failure to exercise due diligence
- 321 Imposition of a surcharge
- 322 Payment of the surcharge
- 323 Evidence of ownership
- 324 Evidentiary provisions
- 325 Regulations
- 326 Regulations relating to electoral matters