By Rob O’Brien

Councillors who use their position for personal gain or to harm someone could be hit with a five-year prison sentence and a $70,000 fine under tough new amendments to local government penalties announced by the Brumby Government today.

Penalties for people who nominate for election when not entitled to do so will increase to either imprisonment for two years or a fine of $28,000, up from $2,300, with no imprisonment, Minister for Local Government Richard Wynne announced.

Under previous legislation councillors found to have used their position for personal gain or to harm someone could expect to be fined $12,000, but faced no prison sentence.

“The Brumby Labor Government is committed to ensuring local government practises reflect community expectations,” Mr Wynne said.

“We are taking action to support councillors, councils and their communities and to deter unacceptable actions.

“Most of the current penalties in the Local Government Act were set in 1989, so they are out of date and inconsistent with other similar laws, particularly in relation to electoral matters.”

Good governance

Mr Wynne said that most councillors took their responsibilities seriously and were committed to good governance.

“However, communities are entitled to expect just penalties for candidates, councillors or officials who illegally interfere with an election or who breach their position of trust for personal gain.”

Mr Wynne said the Local Government Amendment (Offences and Other Matters) Bill 2009 amended penalty levels in the Local Government Act 1989 to increase some penalties and to update many others to match the standards in the Sentencing Act 1991.

Mr Wynne said the Bill also made a number of other amendments to the Local Government Act to support good governance.

“The Bill addresses a concern raised by the local government sector about the hospitality that is provided to mayors and councillors,” Mr Wynne said.

“The definition of an ‘applicable gift’ in relation to conflicts of interest will now exclude hospitality received from a not-for-profit organisation at a function or event that is attended in an official capacity by a mayor, councillor or council staff member.

“This will enable attendance at many functions without giving rise to possible conflicts of interest in the future as long as the level of hospitality is reasonable.”

Key changes to the Bill include:

• The maximum penalty for a councillor or a member of a council special committee who misuses his or her position for personal gain, or to benefit or harm another person, will be increased to five years’ imprisonment, or a fine up to $70,000, or both (up from $12,000, with no imprisonment);
• The maximum penalty for a person who nominates for election when not entitled to do so will increase to either imprisonment for two years, or a fine of $28,000 (up from $2,300, with no imprisonment);
• Actions that constitute serious infringement of the voting process, such as interfering with ballot boxes, or impersonating a voter; will have maximum penalties of imprisonment for two years, or a fine of up to $28,000 (up from six months’ imprisonment, with no fine);
• Interfering with the delivery of postal votes will have a maximum penalty of imprisonment for two years, or a fine of up to $28,000 (up from $1200 with no imprisonment);
• The maximum penalty for offering, giving, seeking or accepting a bribe in connection with an election would increase to five years’ imprisonment, or a fine of up to $70,000 (up from two years’ imprisonment, with no fine); and
• The maximum penalty for acting as a councillor when not entitled to be a councillor will be increased to one year’s imprisonment or a fine of $14,000 and a court may order that allowances and other benefits be repaid to the council (up from $1,200 and with no imprisonment).