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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  

   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

   25.     Election of Mayor  
   26.     When is a Mayor to be elected?  
   27.     Election of 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

   98.     Annual report  
   99.     Preparation of annual report  
   100.    Meeting to consider annual report  

           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

   108.    Procurement Policy  
   109.    Procurement  

           Division 3--Beneficial enterprises

   110.    Beneficial enterprises  
   111.    Process before participating in 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.    General provision  
   146.    Arbiter must refer certain applications  
   147.    Sanctions that may be imposed by an arbiter on finding of misconduct  

           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

   175.    Minister may give direction  
   176.    Failure to comply with written direction  

           Division 2--Compliance exemptions

   177.    Application for compliance exemption  
   178.    Actions by Minister  

           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  

           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

   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  
   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)  
   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

   256.    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

   311.    Application to VCAT for review  
   312.    Powers of VCAT  

   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  
   327.    Transitional regulations  

   PART 10--SAVINGS AND TRANSITIONAL

   328.    General savings  
   329.    Specific savings and transitional provisions  
   330.    Specific provisions apply to existing regional libraries  

   PART 11--AMENDMENTS AND REPEALS

           Division 1--Repeal of City of Greater Geelong Act 1993

   331.    Repeal of City of Greater Geelong Act 1993  

           Division 2--Amendment of City of Melbourne Act 2001

   332.    Amendment of section 3—Definitions  
   333.    Amendment of section 4—Construction of Act  
   334.    Substitution of section 5—Application of certain provisions of the Local Government Act 2020  
   335.    Amendment of section 6—Constitution of the Council  
   336.    Amendment of section 6A—Constitution of Council may be altered  
   337.    Amendment of section 7—Additional objectives  
   338.    References to entitlement date  
   339.    Amendment of section 9A—Persons entitled to be enrolled without application  
   340.    Amendment of section 9D—Procedure in relation to representatives of corporations  
   341.    Amendment of section 11D—Preparation of voters' rolls  
   342.    Amendment of section 11E—Amendment of voters' roll  
   343.    Section 11F substituted—Inspection of certified voters' roll  
   344.    Amendment of section 11G—Provision of voters' rolls  
   345.    Amendment of section 12—General election  
   346.    Repeals  
   347.    Amendment of sections 15 and 16  
   348.    Section 18 substituted—How votes to be counted  
   349.    Section 19 amended—Compulsory voting  
   350.    Section 21 substituted—Reference to Mayor or Deputy Mayor  
   351.    Amendment of section 23—Term of office of Lord Mayor and Deputy Lord Mayor  
   352.    Section 24 amended—Filling of vacancies  
   353.    Section 25 amended—Appointment of acting Deputy Lord Mayor  
   354.    Amendment of section 28—Differential rates  
   355.    New section 28A inserted—Which systems of valuing land may the Council use?  
   356.    Amendment of section 29—Regulations  
   357.     Amendment of Schedule 1  

           Division 3--Amendment of Local Government Act 1989

   358.    New section 1B inserted  
   359.    Provisions repealed on the commencement specified in section 2(1)  
   360.    Provisions repealed on the commencement specified in section 2(2)  
   361.    Provisions repealed on the commencement specified in section 2(3)  
   362.    Provisions repealed on 1 July 2021  
   363.    Amendment of Local Government Act 1989—Environmental upgrade agreements  
   364.    Amendment of section 185E—Council may apply for higher cap  

           Division 4--Amendment of Victoria Grants Commission Act 1976 and consequential amendment

   365.    Principal Act  
   366.    Amendment of section 1—Short title and commencement  
   367.    Amendment of section 2—Definitions  
   368.    Amendment of section 3—Establishment of the Victorian Local Government Grants Commission  
   369.    Section 4 substituted—Meeting of the Commission  
   370.    Section 7 substituted—Removal of members  
   371.    Amendment of section 8—Vacation of office of members  
   372.    Section 10 substituted—Commission may require Council to provide information  
   373.    Section 12 substituted—Allocation of funds by the Commission  
   374.    Repeal of sections 13, 14 and 15  
   375.    Section 16 substituted—Referral by the Minister  
   376.    Amendment of section 17—Annual Allocation Report  
   377.    Consequential repeal of section 18  
   378.    New section 20 inserted—Construction of references  
   379.    Consequential amendment of the Electricity Industry Act 2000  

           Division 5--Amendment of Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019

   380.    Amendment of section 1—Purposes  
   381.    Amendment of section 6—Functions and powers of the Tribunal  
   382.    Amendment of section 8—Eligibility to be appointed as a Tribunal member  
   383.    Amendment of section 10—Vacancy, resignation and removal from office  
   384.    New sections 23A and 23B inserted  
   385.    Amendment of section 37—Tribunal may provide advice  
   386.    Amendment of section 38—Tribunal may undertake reviews and publish reports  

           Division 6--Consequential amendments and repeals of other Acts

   387.    Essential Services Commission Act 2001  
   388.    Livestock Disease Control Act 1994  
   389.    Repeal of spent Acts  
   390.    Consequential amendments to specified Acts  

           Division 7--Repeal of this Part and Schedule 1

   391.    Repeal  

   PART 12--COVID-19 TEMPORARY MEASURES

   392.    Purpose and effect of Part  
   393.    Definitions  
   394.    Council meeting attendance  
   395.    Meetings may be closed to the public during the prescribed period  
   396.    Repeal of Part  
           SCHEDULE 1
           ENDNOTES


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