Victorian Current Acts Victorian Current Acts(1) A person who is, or has been, a Councillor or member of a delegated committee must not intentionally misuse their position—
(a) to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any other person; or
(b) to cause, or attempt to cause, detriment to the Council or another person.
Penalty: 600 penalty units or imprisonment for 5 years.
(2) An offence against subsection (1) is an indictable offence.
(3) For the purposes of this section, circumstances involving the misuse of a position by a person who is, or has been, a Councillor or member of a delegated committee include—
(a) making improper use of information acquired as a result of the position the person held or holds; or
(b) disclosing information that is confidential information; or
(c) directing or improperly influencing, or seeking to direct or improperly influence, a member of Council staff; or
(d) exercising or performing, or purporting to exercise or perform, a power, duty or function that the person is not authorised to exercise or perform; or
(e) using public funds or resources in a manner that is improper or unauthorised; or
(f) participating in a decision on a matter in which the person has a conflict of interest.
(4) This section—
(a) has effect in addition to, and not in derogation from, any Act or law relating to the criminal or civil liability of Councillors or members of delegated committees; and
(b) does not prevent the institution of any criminal or civil proceedings in respect of that liability.