Local Government (Governance and Integrity) Amendment Regulations 2024 (Vic)

Local Government (Governance and Integrity) Amendment Regulations 2024

S.R. No. 116/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5New regulation 4A inserted

6Oath or affirmation of office

7Regulation 6 substituted

8New regulation 6A inserted

9Exemptions from conflict of interest requirements

10Internal arbitration process

11Regulation 12 substituted and new regulation 12A inserted

12Schedule 1 substituted

13New Schedule 1A inserted

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Endnotes

STATUTORY RULES 2024

S.R. No. 116/2024

Local Government Act 2020

Local Government (Governance and Integrity) Amendment Regulations 2024

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 22 October 2024

Responsible Minister:

MELISSA HORNE
Minister for Local Government

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Local Government (Governance and Integrity) Regulations 2020—

(a)to prescribe the matters which must be addressed in—

(i)Mayoral training; and

(ii)Councillor induction training; and

(iii)professional development training of Councillors; and

(b)to prescribe matters relating to the internal arbitration process; and

(c)to prescribe the Model Councillor Code of Conduct; and

(d)to prescribe procedures for dealing with alleged breaches of the Model Councillor Code of Conduct; and

(e)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 325 of the Local Government Act 2020.

3Commencement

These Regulations come into operation on 26 October 2024.

4Principal Regulations

In these Regulations, the Local Government (Governance and Integrity) Regulations 2020[1] are called the Principal Regulations.

5New regulation 4A inserted

After regulation 4 of the Principal Regulations insert—

4AMayoral training"

For the purposes of section 27A(6) of the Act, the prescribed matters are the following—

(a)roles and responsibilities;

(b)chairing meetings;

(c)engagement and advocacy;

(d)leadership;

(e)any other matter relating to the role of the Mayor which the Chief Executive Officer has determined should be addressed.".

6Oath or affirmation of office

In regulation 5(c) of the Principal Regulations, for "I will abide by the Councillor Code of Conduct and uphold the standards of conduct set out in the Councillor Code of Conduct" substitute "I will abide by the Model Councillor Code of Conduct and uphold the standards of conduct set out in the Model Councillor Code of Conduct".

7Regulation 6 substituted

For regulation 6 of the Principal Regulations substitute—

6Councillor induction training"

For the purposes of section 32(5) of the Act, the prescribed matters are the following—

(a)working together in a Council;

(b)decision making, integrity and accountability;

(c)community representation;

(d)strategic planning and financial management;

(e)conduct;

(f)land use planning;

(g)any other matter relating to the role of a Councillor which the Chief Executive Officer has determined should be addressed.".

8New regulation 6A inserted

After regulation 6 of the Principal Regulations insert—

6ARegular professional development training of Councillors "

(1)For the purposes of section 33A(3)(a)(ii) and (b)(ii) of the Act, the prescribed day is—

(a)in the year of a general election, 1 September; or

(b)in any other year, 31 December.

(2)For the purposes of section 33A(7) of the Act, the prescribed matters are the following—

(a)working together in a Council;

(b)decision making, integrity and accountability;

(c)community representation;

(d)strategic planning and financial management;

(e)conduct;

(f)land use planning;

(g)any other matter relating to the role of a Councillor which the Chief Executive Officer has determined should be addressed.".

9Exemptions from conflict of interest requirements

In regulation 7(1) of the Principal Regulations—

(a)after paragraph (h) insert—

"(ha)the adoption of policies by the Council in relation to good governance under section 54A of the Act;";

(b)for paragraph (l) substitute—

"(l)the adoption of any prescribed procedures by the Council in relation to dealing with alleged breaches of the Model Councillor Code of Conduct under section 140 of the Act;".

10Internal arbitration process

(1)For regulation 11(1) of the Principal Regulations substitute—

"(1)For the purposes of section 141(2)(a) of the Act, the prescribed process is that an application for an internal arbitration process specifies—

(a)the name of the Councillor alleged to have breached the Model Councillor Code of Conduct; and

(b)the clause of the Model Councillor Code of Conduct that the Councillor is alleged to have breached; and

(c)the circumstances, actions or inactions of the Councillor who is the subject of the application that are alleged as constituting misconduct; and

(d)the particulars of any evidence of those circumstances, actions or inactions of the Councillor that are alleged as constituting the misconduct; and

(e)with respect to the matter that is the subject of the application—

(i)any steps taken by the Council to resolve the matter; or

(ii)if the Council has not taken any steps to resolve the matter, the reason why the Council did not take any steps to resolve the matter.".

(2)In regulation 11(3)(c) of the Principal Regulations—

(a)in subparagraph (ii), for "information." substitute "information; or";

(b)after subparagraph (ii) insert—

"(iii)the applicant has failed to attend the hearing.".

11Regulation 12 substituted and new regulation 12A inserted

For regulation 12 of the Principal Regulations substitute—

12Model Councillor Code of Conduct "

For the purposes of section 139(3)(a) of the Act, the prescribed Model Councillor Code of Conduct is the Model Councillor Code of Conduct set out in Schedule 1.

12ACouncil required to implement prescribed procedures

(1)For the purposes of section 140 of the Act, the prescribed procedures are set out in Schedule 1A.

(2)A Council must adopt the prescribed procedures under this regulation by 1 July 2025.".

12Schedule 1 substituted

For Schedule 1 to the Principal Regulations substitute—

Schedule 1—Model Councillor Code of Conduct"

Regulation 12

Definitions

In this Schedule—

discrimination means unfair or unfavourable treatment of a person on the grounds of an attribute specified in section 6 of the Equal Opportunity Act 2010.

1.   Performing the role of a Councillor

A Councillor must do everything reasonably necessary to ensure that they perform the role of a Councillor effectively and responsibly, including by—

(a)representing the interests of the municipal community by considering and being responsive to the diversity of interests and needs of the municipal community; and

(b)being fit to perform the role of a Councillor when acting in that capacity or purporting to act in that capacity; and

(c)diligently using Council processes to become informed about matters which are subject to Council decisions; and

(d)not performing or purporting to perform any responsibilities or functions of the Chief Executive Officer; and

(e)acknowledging and supporting the Mayor in the performance of the role of the Mayor, including by—

(i)respecting and complying with a ruling of the Mayor as the chair of Council meetings (unless dissenting from the ruling in accordance with the Council's Governance Rules); and

(ii)refraining from making public comment, including to the media, that could reasonably be perceived to be an official comment on behalf of the Council where the Councillor has not been authorised by the Mayor to make such a comment.

2.   Behaviours

(1)A Councillor must treat others, including other Councillors, members of Council staff and members of the public, with dignity, fairness, objectivity, courtesy and respect, including by—

(a)not engaging in demeaning, abusive, obscene or threatening behaviour, including where the behaviour is of a sexual nature; and

(b)not engaging in behaviour that intentionally causes or perpetuates stigma, stereotyping, prejudice or aggression against a person or class of persons; and

(c)not engaging in discrimination or vilification; and

(d)supporting the Council, when applying the Council's community engagement policy, to develop respectful relationships and partnerships with Traditional Owners, Aboriginal community controlled organisations and the Aboriginal community; and

(e)supporting the Council in fulfilling its obligation under the Act or any other Act (including the Gender Equality Act 2020) to achieve and promote gender equality; and

(f)ensuring their behaviours and interactions with children are in line with the Council's policies and procedures as a child safe organisation and obligations under the Child Wellbeing and Safety Act 2005 to the extent that they apply to Councillors.

(2)A Councillor, as an individual at the workplace, must take reasonable care for their own health and safety and take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons by—

(a)adhering to applicable systems and policies put in place by the Chief Executive Officer to manage risks to health and safety in the workplace; and

(b)complying, so far as the Councillor is reasonably able, with any reasonable instruction that is given by the Chief Executive Officer to manage risks to health and safety.

(3)A Councillor must act in accordance with any policies, practices and protocols developed and implemented under section 46 of the Act that support arrangements for interactions between members of Council staff and Councillors.

3.   Good governance

A Councillor must comply with the following Council policies and procedures required for delivering good governance for the benefit and wellbeing of the municipal community—

(a)the Council's expenses policy adopted and maintained under section 41 of the Act;

(b)the Council's Governance Rules developed, adopted and kept in force by the Council under section 60 of the Act, including in relation to—

(i)conduct in Council meetings or meetings of delegated committees; and

(ii)requesting and approval of attendance at Council meetings and meetings of delegated committees by electronic means of communication; and

(iii)the Council's election period policy included in the Council's Governance Rules under section 69 of the Act, including in ensuring that Council resources are not used in a way that is intended to influence, or is likely to influence, voting at a general election or by-election;

(c)the Council's Councillor gift policy adopted under section 138 of the Act;

(d)any direction of the Minister given under section 175 of the Act.

4.   Integrity

(1)A Councillor must act with integrity, exercise reasonable care and diligence and take reasonable steps to avoid any action which may diminish the public's trust and confidence in the integrity of local government, including by—

(a)ensuring that their behaviour does not bring discredit upon the Council; and

(b)not deliberately misleading the Council or the public about any matter related to the performance of their public duties; and

(c)not making Council information publicly available where public availability of the information would be contrary to the public interest.

Note

See the public transparency principles set out in section 58 of the Act.

(2)A Councillor must not, in their personal dealings with the Council (for example as a ratepayer, recipient of a Council service or planning applicant), expressly or impliedly request preferential treatment for themselves or a related person or entity.

5.   The Model Councillor Code of Conduct does not limit robust public debate

Nothing in the Model Councillor Code of Conduct is intended to limit, restrict or detract from robust public debate of issues in a democracy.".

13New Schedule 1A inserted

After Schedule 1 to the Principal Regulations insert—

Schedule 1A—Council required to implement prescribed procedures"

Regulation 12A

(1)A Council must implement and adopt an internal resolution procedure that may be followed by Councillors to deal with alleged breaches of the Model Councillor Code of Conduct.

(2)The internal resolution procedure of the Council—

(a)must include a conciliation process that is to be conducted by—

(i)the Mayor; or

(ii)if the Mayor is a party to the matter or is unable to perform the role, functions and duties of the conciliator for any reason, the Deputy Mayor or another person; and

(b)may include any other process that the Council considers appropriate.

(3)Without limiting subclauses (1) and (2), the internal resolution procedure of the Council must—

(a)detail how a matter that is the subject of an alleged breach of the Model Councillor Code of Conduct is to be dealt with, including the circumstances in which the available processes may be used to deal with a matter; and

(b)detail how a Councillor can access the internal resolution procedure, including how a Councillor may initiate a request to have a matter dealt with through the available processes; and

(c)detail, for the purposes of the conciliation process specified in subclause (2)(a) or any other process under subclause (2)(b)—

(i)the roles and responsibilities of the parties to a matter; and

(ii)the role, functions and duties of the person responsible for conducting the relevant process; and

(iii)any support the Council is to make available to the parties or the person conducting the relevant process; and

(iv)the form and availability of a record of any agreement, resolution or outcome reached through the process.".

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ENDNOTES

[1] Reg. 4: S.R. No. 116/2020.