Victorian Current Acts

LOCAL GOVERNMENT ACT 1989

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Preamble  
   1A.     Interpretation of Act  
   2.      Commencement  
   3.      Definitions  
   3AA.    Transport Integration Act 2010  

   PART 1A--LOCAL GOVERNMENT CHARTER

   3A.     What is the purpose of local government?  
   3B.     How is a Council constituted?  
   3C.     Objectives of a Council  
   3D.     What is the role of a Council?  
   3E.     What are the functions of a Council?  
   3F.     What are the powers of Councils?  

   PART 2--THE COUNCIL

   4.      Types of Councils  
   5.      The Council  
   5A.     Council may be referred to by standardised name  
   5B.     Constitution of Council  
   9.      Resolution of disputes  

   PART 3--ELECTIONS

           Division 1--Voters

   11.     Entitlements relating to enrolment  
   12.     Residents entitled to be enrolled without application  
   13.     Owner ratepayers entitled to be enrolled without application  
   14.     Owner ratepayers may apply for enrolment  
   15.     Occupier ratepayers may apply to be enrolled  
   16.     Provisions relating to corporations  
   17.     Provisions relating to appointments and enrolments  
   20.     Request that address not be shown  

           Division 2--Voters' rolls

   21.     Victorian Electoral Commission to prepare voters' list of residents  
   22.     Chief Executive Officer to prepare voters' list of ratepayers  
   23.     Registrar to prepare exhibition roll  
   23A.    Public notification and exhibition  
   24.     Preparation of voters' rolls  
   24A.    Amendment of voters' roll  
   24B.    Inspection of voters' roll  
   24C.    Provision of voters' rolls  
   25.     Validity of voters' rolls  
   26.     Victorian Electoral Commission's expenses  
   27.     Offences relating to voters' rolls  

           Division 3--Qualification of Councillors

   28.     Qualification to be a Councillor  
   28A.    Disqualification to be a Councillor due to conflicting duties  
   28B.    Transitional provision  
   29.     Disqualifications  
   30.     Relief from disqualification  

           Division 4--Holding of general elections

   31.     General elections  

           Division 6--Extraordinary vacancies

   37.     Extraordinary vacancy within 6 months before a general election  
   37A.    Extraordinary vacancies—Councillors elected under Schedule 3 (Part 4A) or 3A  
   38.     By-elections  

           Division 7--Conduct of elections and polls of voters

   39.     One vote per person  
   40.     Voting is compulsory  
   41.     Holding of an election  
   41A.    Election or poll by postal voting  
   42.     Voting and counting of votes and polls of voters  
   43.     Governor in Council may give directions  

           Division 8--General provisions

   44.     Municipal electoral tribunals  
   45.     Application for an inquiry  
   46.     Powers of a municipal electoral tribunal  
   47.     Report to the Minister  
   48.     Decision of municipal electoral tribunal  
   49.     Reasons for decision  
   50.     Scrutiny of voters' roll  
   51.     Validity of election or poll  
   52.     Unlawful nomination  
   53.     Prohibition of canvassing near voting centre  
   54.     Interfering with rights  
   55.     Printing and publication of electoral advertisements, handbills, pamphlets or notices  
   55A.    Misleading or deceptive matter  
   55B.    Heading to electoral advertisements  
   55C.    Authors to be identified  
   55D.    Prohibition on Council  
   56.     Distribution of printed electoral material  
   56A.    Power to request handing over of how-to-vote cards  
   57A.    Injunction  
   58.     Offences relating to ballot-papers  
   58A.    Offence to interfere with postal ballot materials  
   59.     Bribery, treating and undue influence  
   60.     Infringement of secrecy  
   61.     Penalty on officers  

           Division 9--Election campaign donations

   62.     Return by candidate  
   62A.    Responsibilities of Chief Executive Officer  
   62B.    Certain gifts not to be accepted  

   PART 4--COUNCIL ADMINISTRATION

           Division 1--The Mayor and other Councillors

   63.     Oath of office  
   64.     Failure to take oath of office  
   66.     Penalty for acting as Councillor if incapable  
   66AA.   Order for return of allowances or entitlements  
   66AB.   Offences committed by person acting as Councillor  
   66A.    Suspension of Councillor  
   66B.    Leave of absence of Councillor  
   67.     Ouster from office  
   68.     Retirement of Councillors  
   68A.    Resignation of Councillor  
   69.     Extraordinary vacancies  
   69A.    Multiple extraordinary vacancies  
   70.     Candidate for election  
   71.     Election of Mayor  
   72.     Term of office  
   73.     Precedence of Mayor  
   73A.    Review of allowance categories  
   73B.    Review of allowance limits and ranges  
   74.     Councillor and Mayoral Allowances  
   74A.    General provisions relating to allowances  
   74B.    Allowance Orders  
   74C.    Advisory panel  
   75.     Reimbursement of expenses of Councillors  
   75A.    Reimbursement of expenses of members of council committees  
   75B.    Councillor reimbursement policy  
   75C.    Resources and facilities for Councillors  
   76.     Indemnity provision  
   76A.    Council must take out insurance cover  

           Division 1A--Conduct and interests

   76AA.   Definitions  
   76B.    Primary principle of Councillor conduct  
   76BA.   General Councillor conduct principles  
   76C.    Councillor Code of Conduct  
   76D.    Misuse of position  
   76E.    Improper direction and improper influence  
   77.     Confidential information  
   77A.    Direct and indirect interests  
   77B.    Direct interest  
   78.     Indirect interest by close association  
   78A.    Indirect interest that is an indirect financial interest  
   78B.    Indirect interest because of conflicting duties  
   78C.    Indirect interest because of receipt of an applicable gift  
   78D.    Indirect interest as a consequence of becoming an interested party  
   78E.    Indirect interest because of impact on residential amenity  
   79.     Disclosure of conflict of interest  
   79B.    Conflicting personal interest  
   79C.    Certain situations where Councillor taken to not have a conflict of interest  
   79D.    Person may make submission despite conflict of interest  
   80.     Exemption by Minister  
   80A.    Requirements to be observed by an assembly of Councillors  
   80B.    Members of Council staff to disclose conflicts of interest in respect of delegated functions  
   80C.    Persons to disclose interests to Council when providing advice  
   81.     Register of interests  

           Division 1B--Councillor Conduct Panels

   81A.    Definitions  
   81B.    Application to Councillor Conduct Panel  
   81C.    Dismissal of application  
   81D.    Referral to VCAT  
   81E.    Application on grounds of gross misconduct  
   81F.    Parties to a VCAT proceeding  
   81G.    Notice of a Councillor Conduct Panel  
   81H.    Procedures  
   81I.    Conduct of a Councillor Conduct Panel  
   81J.    Determinations by a Councillor Conduct Panel  
   81K.    Findings and orders by VCAT  
   81L.    Referral by VCAT to Councillor Conduct Panel  
   81M.    Notice of determinations and tabling of decisions  
   81N.    Suspension of matters during election period  
   81O.    Breach of Act by Councillor  
   81P.    Investigation by inspector of municipal administration  
   81Q.    Review by VCAT  
   81R.    Time period for making application to VCAT  
   81S.    Councillor Conduct Panels  

           Division 2--Procedure and proceedings

   82.     Council premises and office  
   82A.    Council must maintain an Internet website  
   83.     Types of meetings  
   84.     Special meetings  
   84A.    First meeting after a general election  
   85.     Call of the Council  
   86.     Special committees of the Council  
   87.     Special committee meetings  
   89.     Meetings to be open to the public  
   90.     Voting  
   91.     Conduct of meetings  
   92.     Validity of proceedings  
   93.     Minutes of meetings  
   93A.    Conduct of Council during election period  

           Division 3--Council staff

   94.     The Chief Executive Officer  
   94A.    Functions of the Chief Executive Officer  
   94AB.   Transitional provision relating to senior officers  
   94B.    Restrictions concerning the appointment of senior officers  
   94C.    Employment principles  
   94D.    Duty of Chief Executive Officer  
   95.     Conduct principles  
   95AA.   Code of conduct for Council staff  
   95A.    Employment of senior officers to be regulated by contract  
   95B.    Powers of the Minister concerning the employment of senior officers  
   95C.    Validity of decisions  
   96.     Equal Employment Opportunity  
   97A.    Performance of senior officers to be assessed annually  
   97B.    Definition of senior officer remuneration threshold  
   98.     Delegations  
   101.    Long service leave  
   102.    Restriction concerning the employment of ex-councillors  

           Division 4--Complaints

   103.    Purpose of this Division  
   104.    Definitions  
   105.    Chief Executive Officer must advise of complaint  
   106.    Request to appoint a probity auditor  
   107.    Secretary may appoint a probity auditor  
   108.    Duties and powers of probity auditor  
   109.    Report by probity auditor  
   110.    Provisions applying to probity auditor  

   PART 5--LOCAL LAWS

   111.    Power to make local laws  
   111A.   Guidelines  
   112.    Incorporation by reference  
   113.    Permits, licences, fees and charges  
   114.    Delegations  
   115.    Penalties  
   116.    Application of local law  
   117.    Infringement notices  
   118.    Local law is a subordinate instrument  
   119.    Procedure for making a local law  
   120.    Availability of local laws  
   121.    Commencement of local laws  
   122.    Sunset provision  
   123.    Revocation by Governor in Council  
   124.    Validity of local law  

   PART 6--PLANNING AND ACCOUNTABILITY REPORTS

   125.    Council Plan  
   126.    Strategic Resource Plan  
   127.    Council must prepare a budget  
   128.    Revised budget  
   129.    Public notice  
   130.    Adoption of budget or revised budget  
   131.    Annual report  
   132.    Performance statement  
   133.    Audit report on the performance statement  
   134.    Meeting to consider annual report  
   135.    Minister may direct Council to submit financial statements  

   PART 7--FINANCIAL MANAGEMENT

   136.    Principles of sound financial management  
   137.    Budgeting and reporting framework  
   138.    Quarterly statements  
   139.    Audit committee  
   140.    Accounts and records  
   141.    Payments  
   142.    Power to defer or waive payments  
   143.    Investments  
   144.    Power to borrow  
   145.    Circumstances in which power to borrow may be exercised  
   146.    Budget or revised budget must include proposed borrowings  
   147.    Use of loan for different purpose  
   148.    Borrowings to be secured  
   149.    Provisions with respect to securities  
   150.    Overdrafts  

   PART 8--RATES AND CHARGES ON RATEABLE LAND

           Division 1--Declaration of rates and charges

   154.    What land is rateable?  
   155.    What rates and charges may a Council declare?  
   156.    Liability to pay rates and charges  
   157.    Which systems of valuing land may a Council use?  
   158.    Declaring rates and charges  
   158A.   Rates and charges to be levied on each occupancy  
   159.    Municipal charge  
   160.    Uniform rate  
   161.    Differential rates  
   161A.   Limited differential rates  
   162.    Service rate and service charge  
   163.    Special rate and special charge  
   163A.   Submissions concerning special rates and charges  
   163B.   Objection process relating to certain special rates and charges  
   164.    Discontinuance of the works and projects for a special rate or special charge  
   165.    Receipt of excess money  
   166.    Variation of special rate or special charge  

           Division 2--Payment of rates and charges

   167.    Payment of rates and charges  
   168.    Incentives for prompt payment  
   169.    Rebates and concessions  
   170.    Deferred payment  
   171.    Waiver  
   171A.   Waiver by application—financial hardship  
   172.    Council may charge interest on unpaid rates and charges  
   173.    Land becoming or ceasing to be rateable land  
   174A.   Land which ceases to be urban farm land or residential use land  
   175.    Person acquiring rateable land  
   177.    Council may require occupier to pay rent  
   178.    Occupier who pays rates or charges  
   179.    Invalidity of any rate or charge  
   180.    Unpaid rate or charge  
   181.    Council may sell land to recover unpaid rates or charges  

           Division 3--Reviews and appeals

   183.    Review of differential rating by VCAT  
   184.    Appeal to County Court  
   185.    Application to VCAT  
   185AA.  Application for declaration  
   185AB.  Matters VCAT must take into account  

   PART 8A--MINISTER MAY LIMIT INCOME FROM RATES AND CHARGES

   185A.   Definition  
   185B.   Minister may give directions concerning rates and charges  
   185C.   Councils must comply with Minister's direction  

   PART 9--SPECIFIC FUNCTIONS, POWERS AND RESTRICTIONS

           Division 1--General provisions

   186.    Restriction on power to enter into contracts  
   186A.   Procurement policy  
   187.    Acquisition and compensation  
   187A.   Creation of easements  
   188.    Power to accept gifts  
   189.    Restriction on power to sell land  
   190.    Restriction on power to lease land  
   191.    Transfer, exchange or lease of land without consideration  
   192.    Use of land for another purpose  
   193.    Entrepreneurial powers  
   194.    Power to compound  
   195.    Assistance to a member of Council staff  
   196.    Regional libraries  
   197.    Submissions on regional library agreements  
   197A.   Restrictions on the power of a regional library to borrow  
   197B.   Restriction on power of regional library to delegate its powers  
   197D.   Library Plan  
   197E.   Attendance at meetings of the governing body of a regional library  
   197F.   Restriction on power to make local laws  
   197G.   Winding up of regional libraries  
   198.    Sewers and drains vested in the Council  
   199.    Concentration or diversion of drainage  
   200.    Drainage of land  
   201.    Approved schemes  

           Division 2--Provisions relating to transport

   203.    Transport plan  
   203A.   Transport services  
   204.    Council may declare a road to be a public highway or to be open to the public  
   205.    Councils to have the care and management of certain roads  
   206.    Power of Councils over roads  
   207.    Powers of Councils over traffic  
   207A.   Submissions under section 223  
   207B.   Certain land used, or to be used, for roads to vest in Council  
   207C.   Sewers, pipes, wires etc. of public authorities not affected  
   207D.   Registration of titles of land affected by action concerning roads  
   207E.   Alterations to titles if land exchanged  
   208.    Transport Integration Act 2010, Transport (Compliance and Miscellaneous) Act 1983, Road Management Act 2004 and Road Safety Act 1986  
   208AA.  Heavy Vehicle National Law (Victoria)  

           Division 3--Best value principles

   208A.   Best Value Principles to be followed  
   208B.   Best Value Principles  
   208C.   Factors that may be looked at in applying the Principles  
   208D.   Quality and cost standards  
   208E.   When the Best Value Principles are to be implemented  
   208F.   Standards to be publicly available  
   208G.   Report on Best Value Principles compliance  
   208H.   Ministerial Codes  
   208I.   Ministerial guidelines  
   208J.   Minister must consult  

   PART 10--INQUIRIES, REVIEWS AND SUSPENSION OF COUNCILS

           Division 1--Inquiries and suspension of Councillors

   209.    Minister may appoint Commissioner and establish inquiry  
   210.    Protection of Commissioner  
   211.    Rules of evidence do not apply  
   212.    Witnesses may be represented  
   213.    Access of Commissioner to places, documents etc.  
   214.    Powers of Commissioner  
   215.    Some proceedings of inquiry may be in private  
   216.    Publishing report of Commissioner or proceedings  
   217.    Notice to Council  
   218.    Outcome of inquiry  
   219.    Suspension of Councillors  

           Division 2--Electoral representation reviews

   219A.   Purpose of this Division  
   219B.   Definitions  
   219C.   When is a review required?  
   219D.   Purpose of review  
   219F.   Conduct of review  
   219G.   Implementation of review  

           Division 3--Subdivision reviews

   219H.   Application of Division  
   219I.   Definitions  
   219J.   Duty of Victorian Electoral Commission  
   219K.   Power of Minister  
   219L.   Purpose of subdivision review  
   219N.   Conduct of subdivision review  
   219O.   Implementation of subdivision review  

           Division 4--Review and subdivision review expenses

   219P.   Victorian Electoral Commission's expenses  

   PART 10A--LOCAL GOVERNMENT PANELS

   220A.   Local government panels  
   220B.   Membership of panels  
   220C.   Conditions of appointment  
   220D.   Panel proceedings  
   220E.   Improper use of information  

   PART 10B--LOCAL GOVERNMENT RESTRUCTURING REVIEWS

   220F.   Terms of review must be publicised  
   220G.   Conduct of the review  
   220H.   Legal proceedings excluded  
   220I.   Supreme Court—limitation of jurisdiction  

   PART 10C--RESTRUCTURING ORDERS

   220P.   Operation of this Part  
   220Q.   Power to make Orders  
   220R.   Matters which may be included in Order  
   220S.   General provisions relating to Orders  
   220T.   Panel review not needed for minor boundary changes  

   PART 11--GENERAL

   221.    Service charges on non-rateable land  
   222.    Right of inspection  
   223.    Right to make submission  
   223A.   Appointment of inspectors of municipal administration  
   223B.   Powers of inspectors of municipal administration  
   223C.   Offences relating to investigations  
   224.    Authorised officers  
   224A.   Police may act as authorised officers to enforce certain local laws  
   225.    When Council or other person can carry out required work  
   226.    Right of owner to carry out required work on occupied land  
   227.    Recovery of money owed to Council by former owner or occupier  
   227AA.  Recovery of costs and fees under Housing Act 1983  
   227A.   Council may charge interest on unpaid money  
   228.    Indemnity provision  
   229.    Land information certificate  
   230.    Notice in relation to disposition of land  
   231.    Notice in relation to acquisition of land  
   232.    Proceedings  
   233.    Service on a Council  
   234.    Service on a person  
   235.    Evidence of service  
   236.    Power of delegation  
   237.    Council records and information  
   237A.   Council to provide information relating to land to inspectors of livestock  
   238.    Obstructing Council  
   238A.   False written declaration  
   239.    Persons who are liable for offences  
   239A.   Criminal liability of officers of bodies corporate—failure to exercise due diligence  
   240.    Penalties  
   240A.   Imposition of a surcharge  
   240B.   Payment of the surcharge  
   241.    Evidence of ownership  
   242.    Evidentiary provisions  
   243.    Regulations  

   PART 12--SAVINGS AND TRANSITIONAL PROVISIONS

   244.    Local Government (Consequential Provisions) Act 1989  
   245.    Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013  
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12
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