Local Government Amendment (Improved Governance) Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 Part 2—Amendment of Local Government Act 1989 3 Division 1—Role of Mayor and Councillors and other matters 3 4 Amendment of section 63—Oath of office 3 5 Section 64 substituted 4 6 New section 65 inserted 4 7 New section 73AA inserted 5 8 Amendment of section 76C—Councillor Code of Conduct 6 9 Amendment of section 94A—Functions of the Chief Executive Officer 6 10 Amendment of section 139—Audit committee 7 11 New section 195A inserted 8 Division 2—Councillor conduct 8 12 Definitions 8 13 Amendment of section 29—Disqualifications 12 14 Amendment of section 72—Term of office 12 15 Amendment of section 76C—Councillor Code of Conduct 13 16 Amendment of section 76E—Improper direction and improper influence 14 17 Amendment of section 77—Confidential information 15 18 New Division 1AB inserted in Part 4 17 19 Repeal of section 81A 20 20 Amendment of section 81B—Application to Councillor Conduct Panel 20 21 Section 81C substituted 21 22 Repeal of section 81D 23 23 Amendment of section 81E—Application on grounds of gross misconduct 23 24 Amendment of section 81F—Parties to a VCAT proceeding 23 -- 1 of 83 -- Section Page ii Authorised by the Chief Parliamentary Counsel 25 Amendment of section 81J—Determinations by a Councillor Conduct Panel 23 26 Section 81K substituted 25 27 Repeal of section 81L 25 28 Amendment of section 81M—Notice of determinations and tabling of decisions 25 29 Amendment of section 81N—Suspension of matters during election period 25 30 Amendment of section 81O—Breach of Act by Councillor 25 31 Amendment of section 81P—Investigation by inspector of municipal administration 26 32 Amendment of section 81Q—Review by VCAT 26 33 Repeal of section 81S 26 34 New Divisions 1C and 1D inserted in Part 4 27 35 Amendment of section 82A—Council must maintain an Internet website 32 36 New Division 1A inserted in Part 10 33 37 Repeal of Schedule 5 40 38 Amendment of Schedule 12 40 Division 3—Council governance, the Chief Municipal Inspector and municipal monitor 40 39 Definitions 40 40 New section 218A inserted 40 41 Section 223A substituted 41 42 Amendment of section 223B—Powers of inspectors of municipal administration 42 43 Amendment of section 223C—Offences relating to investigations 43 44 New sections 223CA, 223CB and 223CC inserted 44 Division 4—Electoral reform 47 45 Definitions 47 46 Repeal of section 21 48 47 Amendment of section 22—Chief Executive Officer to prepare voters' list of ratepayers 48 48 Repeal of section 23 48 49 Amendment of section 23A—Public notification and exhibition 48 50 Amendment of section 24—Preparation of voters' rolls 49 51 Amendment of section 24A—Amendment of voters' roll 50 52 Amendment of section 24B—Inspection of voters' roll 51 53 Amendment of section 24C—Provision of voters' rolls 51 54 Amendment of section 26—Victorian Electoral Commission's expenses 51 55 Amendment of section 27—Offences relating to voters' rolls 51 56 Amendment of section 29—Disqualifications 52 -- 2 of 83 -- Section Page iii Authorised by the Chief Parliamentary Counsel 57 Amendment of section 37A—Extraordinary vacancies— Councillors elected under Schedule 3 (Part 4A) or 3A 52 58 Amendment of section 38—By-elections 52 59 Amendment of section 40—Voting is compulsory 52 60 New section 40A inserted 53 61 Amendment of section 43—Governor in Council may give directions 53 62 Amendment of section 45—Application for an inquiry 54 63 Amendment of section 55D—Prohibition on Council 54 64 Amendment of section 82A—Council must maintain an Internet website 54 65 New section 93B inserted 55 66 Amendment of Schedule 2—clause 1 56 67 Amendment of Schedule 2—clause 2 57 68 Amendment of Schedule 2—clause 3 57 69 Amendment of Schedule 2—clause 5 57 70 Amendment of Schedule 2—clause 6 57 71 Clause 8 of Schedule 2 substituted 58 72 New clause 9A inserted in Schedule 2 60 73 Amendment of Schedule 2—clause 15 62 74 New clause 24A inserted in Schedule 2 63 75 Amendment of Schedule 3—clause 17 63 Division 5—Transitional provisions 63 76 New sections 247 to 251 inserted 63 Part 3—Amendment of other Acts 69 Division 1—Amendment of City of Greater Geelong Act 1993 69 77 New section 11DA inserted 69 Division 2—Amendment of City of Melbourne Act 2001 69 78 Definitions 69 79 Amendment of section 9I—General powers relating to enrolment 70 80 Amendment of section 11—Victorian Electoral Commission to prepare list 70 81 Amendment of section 11A—Chief Executive Officer to prepare voters' list 71 82 Repeal of section 11B 71 83 Amendment of section 11C—Public notification and exhibition 71 84 Amendment of section 11D—Preparation of voters' rolls 72 85 Amendment of section 11E—Amendment of voters' roll 73 86 Amendment of section 11G—Provision of voters' rolls 73 87 Amendment of section 12—General election 73 88 Amendment of section 14A—Qualification to be a Councillor 74 89 Amendment of section 19—Compulsory voting 74 -- 3 of 83 -- Section Page iv Authorised by the Chief Parliamentary Counsel 90 New section 20A inserted 75 91 Repeal of Part 4A 75 92 New Part 8 inserted 75 Division 3—Amendment of Electoral Act 2002 76 93 Amendment of section 8—Responsibility and functions of the Commission 76 94 New Part 13 inserted 76 Division 4—Amendment of Victorian Civil and Administrative Tribunal Act 1998 77 95 Amendment of Schedule 1 77 Part 4—Repeal of amending Act 78 96 Repeal of amending Act 78 ═══════════════ Endnotes 79 1 General information 79 -- 4 of 83 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Local Government Amendment (Improved Governance) Act 2015 † No. 53 of 2015 [Assented to 27 October 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The purpose of this Act is— (a) to amend the Local Government Act 1989— (i) to enhance the governance standards of Councils; and Victoria -- 5 of 83 -- Part 1—Preliminary Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 2 Authorised by the Chief Parliamentary Counsel (ii) to provide for the appointment of the Chief Municipal Inspector; and (iii) to provide for the appointment of municipal monitors; and (iv) to further provide for the resolution of allegations of Councillor misbehaviour using the internal processes of Councils; and (v) to amend the arrangements for local government elections to strengthen the integrity of elections; and (b) to repeal Part 4A of the City of Melbourne Act 2001 which provides for the Docklands Co-ordination Committee; and (c) to make miscellaneous and consequential amendments to the City of Greater Geelong Act 1993, the City of Melbourne Act 2001, the Electoral Act 2002 and the Victorian Civil and Administrative Tribunal Act 1998. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 September 2016, it comes into operation on that day. 3 Principal Act In this Act, the Local Government Act 1989 is called the Principal Act. -- 6 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Local Government Act 1989 Division 1—Role of Mayor and Councillors and other matters 4 Amendment of section 63—Oath of office (1) In the heading to section 63 of the Principal Act, after "office" insert "and Councillor Code of Conduct". (2) For section 63(1) of the Principal Act substitute— '(1) A person elected to be a Councillor is not capable of acting as a Councillor until the person has— (a) taken the oath of office specified in subsection (1A); and (b) read the Councillor Code of Conduct and, in accordance with subsection (3), made a declaration stating that they will abide by the Councillor Code of Conduct. (1A) The following oath of office is to be taken by a Councillor in accordance with Division 2 of Part IV of the Evidence (Miscellaneous Provisions) Act 1958— "I will undertake the duties of the office of Councillor in the best interests of the people in the municipal district of and faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1989 or any other Act to the best of my skill and judgment.".'. -- 7 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 4 Authorised by the Chief Parliamentary Counsel (3) After section 63(2) of the Principal Act insert— "(3) A declaration by a person elected to be a Councillor under subsection (1)(b) must be— (a) in writing; and (b) witnessed by the Chief Executive Officer.". 5 Section 64 substituted For section 64 of the Principal Act substitute— "64 Failure to take oath of office or make Code of Conduct declaration The office of a Councillor becomes vacant if a person elected to be a Councillor does not, within 3 months after the day on which the person was declared elected— (a) take the oath of office; or (b) make the declaration specified in section 63(1)(b).". 6 New section 65 inserted After section 64 of the Principal Act insert— "65 What is the role of a Councillor? (1) The role of a Councillor is— (a) to participate in the decision-making of the Council; and (b) to represent the local community in that decision-making; and (c) to contribute to the strategic direction of the Council through the development and review of key strategic documents of the Council, including the Council Plan. -- 8 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 5 Authorised by the Chief Parliamentary Counsel (2) In performing the role of a Councillor, a Councillor must— (a) consider the diversity of interests and needs of the local community; and (b) observe principles of good governance and act with integrity; and (c) provide civic leadership in relation to the exercise of the various functions and responsibilities of the Council under this Act and other Acts; and (d) participate in the responsible allocation of the resources of Council through the annual budget; and (e) facilitate effective communication between the Council and the community. (3) The role of a Councillor does not include the performance of any functions that are specified as functions of the Chief Executive Officer under section 94A. Note See Part 1A which sets out the local government charter and in particular section 3D which specifies the role of a Council.". 7 New section 73AA inserted After section 73 of the Principal Act insert— "73AA Functions of Mayor The functions of the Mayor of a Council include— (a) providing guidance to Councillors about what is expected of a Councillor including in relation to the role of a Councillor under section 65, and the observation of the Councillor conduct -- 9 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 6 Authorised by the Chief Parliamentary Counsel principles and the Councillor Code of Conduct by Councillors under sections 76B, 76BA and 76C; and (b) acting as the principal spokesperson for the Council; and (c) supporting good working relations between Councillors; and (d) carrying out the civic and ceremonial duties of the office of Mayor.". 8 Amendment of section 76C—Councillor Code of Conduct After section 76C(6) of the Principal Act insert— "(6A) Within one month of amendments to a Councillor Code of Conduct being approved in accordance with this section, a Councillor must make a declaration stating that they will abide by the Councillor Code of Conduct. (6B) A declaration by a Councillor under subsection (6A) must be— (a) in writing; and (b) witnessed by the Chief Executive Officer.". 9 Amendment of section 94A—Functions of the Chief Executive Officer (1) In section 94A(1) of the Principal Act— (a) omit "Council's" (where first occurring); (b) after paragraph (d) insert— "(da) ensuring that the Council receives timely and reliable advice about its legal obligations under this Act and any other Act; and -- 10 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 7 Authorised by the Chief Parliamentary Counsel (db) supporting the Mayor in the performance of the Mayor's role as Mayor; and"; (c) in paragraph (e), for "2013." substitute "2013; and"; (d) after the note at the foot of subsection (1) insert— "(f) performing any other function or duty of the Chief Executive Officer specified in this Act or any other Act.". (2) After section 94A(3) of the Principal Act insert— "(3A) The Chief Executive Officer is responsible for managing interactions between Council staff and Councillors including by ensuring that appropriate policies, practices and protocols are in place defining appropriate arrangements for interaction between Council staff and Councillors.". 10 Amendment of section 139—Audit committee (1) After section 139(2) of the Principal Act insert— "(2A) The chairperson of an audit committee— (a) must not be a Councillor; and (b) must not be a member of Council staff; and (c) must be suitably qualified.". (2) After section 139(6) of the Principal Act insert— "(6A) The chairperson may require any report prepared by the audit committee to be listed on the agenda for the next ordinary meeting of the Council.". -- 11 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 8 Authorised by the Chief Parliamentary Counsel 11 New section 195A inserted After section 195 of the Principal Act insert— "195A Prohibition of Councillor discretionary funds A Council must not adopt or implement a policy under which a Councillor is allocated a fixed or other amount of funds for the purpose of enabling the Councillor to nominate— (a) a particular person, body or organisation to whom the funds are to be paid; or (b) a particular fund in respect of which the funds are to be applied.". Division 2—Councillor conduct 12 Definitions (1) In section 3(1) of the Principal Act insert the following definitions— "bullying by a Councillor means the Councillor repeatedly behaves unreasonably towards another Councillor or member of Council staff and that behaviour creates a risk to the health and safety of that other Councillor or member of Council staff; Councillor Conduct Panel means a panel of 2 people selected by the Principal Councillor Conduct Registrar under section 81V; gross misconduct by a Councillor means behaviour that demonstrates that a Councillor is not of good character or is otherwise not a fit and proper person to hold the office of Councillor; -- 12 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 9 Authorised by the Chief Parliamentary Counsel IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; internal resolution procedure means the procedure— (a) specified in the Councillor Code of Conduct; and (b) developed and maintained by a Council in accordance with section 81AA to address the matters specified in that section; law enforcement agency means— (a) Victoria Police; or (b) the police force or police service of another State or a Territory; or (c) the Australian Federal Police; or (d) the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or (e) a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or (f) the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; or (g) the IBAC; or -- 13 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 10 Authorised by the Chief Parliamentary Counsel (h) the sheriff within the meaning of the Sheriff Act 2009; or (i) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; or (j) an agency responsible for the performance of functions or activities directed to— (i) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or (ii) the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or (k) an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or (l) an agency responsible for the protection of the public revenue under a law administered by it; misconduct by a Councillor means any of the following— (a) failure by a Councillor to comply with the Council's internal resolution procedure; or (b) failure by a Councillor to comply with a written direction given by the Council under section 81AB; or -- 14 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 11 Authorised by the Chief Parliamentary Counsel (c) repeated contravention of any of the Councillor conduct principles; panel list means the panel list established by the Minister under section 81U for the purposes of forming Councillor Conduct Panels; Principal Conduct Officer means the person appointed in writing by the Chief Executive Officer to be the Principal Conduct Officer for the Council under section 81Y; Principal Councillor Conduct Registrar means the person appointed by the Secretary to be the Principal Councillor Conduct Registrar under section 81S; serious misconduct by a Councillor means— (a) the failure of a Councillor to attend a Councillor Conduct Panel hearing formed to make a finding in respect of that Councillor; or (b) the failure of a Councillor to give a Councillor Conduct Panel any information the Councillor Conduct Panel has requested the Councillor to give; or (c) the failure of a Councillor to comply with a direction of a Councillor Conduct Panel; or (d) continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by a Councillor Conduct Panel; or (e) bullying of another Councillor or member of Council staff by a Councillor; or -- 15 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 12 Authorised by the Chief Parliamentary Counsel (f) conduct by a Councillor in respect of a member of Council staff in contravention of section 76E; or (g) the release of confidential information by a Councillor in contravention of section 77;". (2) In section 3(1) of the Principal Act, in the definition of Department for "Planning and Community Development" substitute "Environment, Land, Water and Planning". 13 Amendment of section 29—Disqualifications (1) After section 29(1)(e) of the Principal Act insert— "(ea) he or she has failed to make a declaration stating that he or she will abide by the Councillor Code of Conduct in accordance with section 76C; or". (2) In section 29(2) of the Principal Act— (a) in paragraph (b), for "5 years" substitute "2 years"; (b) for "7 years" substitute "8 years". (3) In section 29(4) of the Principal Act, for "Secretary" substitute "Chief Municipal Inspector". 14 Amendment of section 72—Term of office In section 72(1)(ca) of the Principal Act, after "section" insert "81J(2), 81J(2A) or". -- 16 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 13 Authorised by the Chief Parliamentary Counsel 15 Amendment of section 76C—Councillor Code of Conduct (1) For section 76C(1) and (2) of the Principal Act substitute— "(1) A Council must review, and make any necessary amendments to, its Councillor Code of Conduct within 4 months after the commencement of section 15 of the Local Government Amendment (Improved Governance) Act 2015— (a) by calling a special meeting solely for the purpose of reviewing the Councillor Code of Conduct; and (b) at that special meeting, approving any amendments to be made to the Councillor Code of Conduct determined by the Council to be necessary following the review of the Councillor Code of Conduct. (2) A Council must, within the period of 4 months after a general election— (a) call a special meeting solely for the purpose of reviewing the Councillor Code of Conduct; and (b) at that special meeting, approve any amendments to be made to the Councillor Code of Conduct determined by the Council to be necessary following the review of the Councillor Code of Conduct.". -- 17 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 14 Authorised by the Chief Parliamentary Counsel (2) In section 76C(3) of the Principal Act— (a) for paragraph (a) substitute— "(a) must include the internal resolution procedure for dealing with an alleged contravention of the Councillor Code of Conduct by a Councillor; Note Section 81AA provides for matters to be addressed by the internal resolution procedure of a Council."; (b) after paragraph (b) insert— "(c) must include any provisions prescribed for the purpose of this section;"; (c) in paragraph (d), for "in respect of any matter" substitute "addressing any matters". (3) In section 76C(6) of the Principal Act— (a) in paragraph (b), for "offices." substitute "offices;"; (b) after paragraph (b) insert— "(c) published on the Council's Internet website maintained under section 82A.". (4) Section 76C(7) of the Principal Act is repealed. 16 Amendment of section 76E—Improper direction and improper influence (1) Section 76E(1) of the Local Government Act 1989 is repealed. (2) At the foot of section 76E(2) of the Principal Act insert— "Penalty: 120 penalty units.". -- 18 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 15 Authorised by the Chief Parliamentary Counsel (3) After section 76E(2) of the Principal Act insert— "(2A) If an application for a Councillor Conduct Panel to make a finding of serious misconduct by a Councillor has been made in respect of conduct in contravention of subsection (2), the Councillor must not be charged with an offence against that subsection in respect of the same conduct unless— (a) the Councillor Conduct Panel application is withdrawn; or (b) the Chief Municipal Inspector requires the Councillor Conduct Panel to suspend or stop consideration of the matter under section 81P; or (c) before the Councillor Conduct Panel makes a determination, the Councillor ceases to be a Councillor; or (d) the matter or behaviour that is the subject of an application for a finding of serious misconduct has been referred to another law enforcement agency. (2B) If a Councillor is charged with an offence against subsection (2), an application for a Councillor Conduct Panel to make a finding of serious misconduct by the Councillor must not be made for the same conduct in respect of which the Councillor has been charged.". 17 Amendment of section 77—Confidential information (1) In section 77(1) of the Principal Act, for "release" substitute "disclose". -- 19 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 16 Authorised by the Chief Parliamentary Counsel (2) At the foot of section 77(1) of the Principal Act insert— "Penalty: 120 penalty units.". (3) After section 77(1) of the Principal Act insert— "(1A) A person who is, or has been, a Councillor or a member of a special committee, may disclose information that the person knows is confidential information in the following circumstances— (a) for the purposes of any legal proceedings arising out of this Act; (b) to a court or tribunal in the course of legal proceedings; (c) pursuant to an order of a court or tribunal; (d) to the Chief Municipal Inspector to the extent reasonably required by the Chief Municipal Inspector; (e) to a Councillor Conduct Panel in the course of a hearing and for the purposes of the hearing; (f) to a municipal monitor to the extent reasonably required by the municipal monitor; (g) to the extent reasonably required for any other law enforcement purposes. (1B) If an application for a Councillor Conduct Panel to make a finding of serious misconduct by a Councillor has been made in respect of conduct in contravention of subsection (1), the Councillor must not be charged with an offence against that subsection in respect of the same conduct unless— -- 20 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 17 Authorised by the Chief Parliamentary Counsel (a) the Councillor Conduct Panel application is withdrawn; or (b) the Chief Municipal Inspector requires the Councillor Conduct Panel to suspend or stop consideration of the matter under section 81P; or (c) before the Councillor Conduct Panel makes a determination, the Councillor ceases to be a Councillor; or (d) the matter or behaviour that is the subject of an application for a finding of serious misconduct has been referred to another law enforcement agency. (1C) If a Councillor is charged with an offence against subsection (1), an application for a Councillor Conduct Panel to make a finding of serious misconduct by the Councillor must not be made for the same conduct in respect of which the Councillor has been charged.". (4) In section 77(2)(c) of the Principal Act omit "subject to subsection (3),". (5) Section 77(3) of the Principal Act is repealed. 18 New Division 1AB inserted in Part 4 After Division 1A of Part 4 of the Principal Act insert— "Division 1AB—Internal resolution procedure of Council 81AA Internal resolution procedure of Council (1) A Council must develop and maintain an internal resolution procedure for the purposes of addressing an alleged -- 21 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 18 Authorised by the Chief Parliamentary Counsel contravention of the Councillor Code of Conduct by a Councillor. (2) The internal resolution procedure of a Council must— (a) be specified in the Councillor Code of Conduct; and (b) incorporate any prescribed processes including any application process; and (c) provide for the selection of an arbiter who is suitably independent and able to carry out the role of arbiter fairly; and (d) specify the role an arbiter is expected to undertake in the conduct of any internal resolution procedure including that the arbiter must— (i) consider applications alleging a contravention of the Councillor Code of Conduct by a Councillor; and (ii) make findings in relation to any application alleging a contravention of the Councillor Code of Conduct which the arbiter must give to the Council; and (e) provide processes to ensure that parties affected by an application alleging a contravention of the Councillor Code of Conduct are given an opportunity to be heard by the arbiter; and (f) specify that the Council and the Councillor the subject of any application made alleging a contravention of the Councillor Code of Conduct are to be given written -- 22 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 19 Authorised by the Chief Parliamentary Counsel reasons for any findings made by an arbiter; and (g) address any matters prescribed for the purposes of this section; and (h) include any provisions prescribed for the purposes of this section. 81AB Sanctions for contravention of Councillor Code of Conduct (1) If, after an internal resolution procedure has been conducted, it is found that a Councillor has contravened the Councillor Code of Conduct, the Council may give any or all of the following written directions to the Councillor— (a) direct the Councillor to make an apology in a form or manner specified by the Council; (b) direct the Councillor to not attend up to, but not exceeding, 2 meetings of the Council; (c) direct that, for a period of up to, but not exceeding, 2 months commencing on a date specified by the Council, the Councillor— (i) be removed from any position where the Councillor represents the Council; and (ii) to not chair or attend any advisory committee or special committee meeting or an assembly of Councillors or any other meeting specified in the direction. -- 23 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 20 Authorised by the Chief Parliamentary Counsel (2) A direction given under subsection (1)(b) must be in respect of the next scheduled meetings of the Council after the direction is made.". 19 Repeal of section 81A Section 81A of the Principal Act is repealed. 20 Amendment of section 81B—Application to Councillor Conduct Panel (1) For section 81B(1) of the Principal Act substitute— "(1) A Councillor Conduct Panel may hear an application that alleges misconduct or serious misconduct by a Councillor. (1A) An application for a Councillor Conduct Panel to make a finding of misconduct against a Councillor may be made by— (a) the Council following a resolution of the Council to make an application to a Councillor Conduct Panel under this subsection in respect of a Councillor's conduct; or (b) a Councillor or a group of Councillors. (1B) An application for a Councillor Conduct Panel to make a finding of serious misconduct against a Councillor may be made by— (a) the Council following a resolution of the Council to make an application to a Councillor Conduct Panel under this subsection in respect of a Councillor's conduct; or (b) a Councillor or a group of Councillors; or (c) the Chief Municipal Inspector.". -- 24 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 21 Authorised by the Chief Parliamentary Counsel (2) Section 81B(2) of the Principal Act is repealed. (3) For section 81B(3)(b) and (c) of the Principal Act substitute— "(b) set out— (i) the circumstances, actions or inactions of the Councillor who is the subject of the application that are alleged as constituting misconduct or serious misconduct; and (ii) the particulars of any evidence of those circumstances, actions or inactions of the Councillor that are alleged as constituting the misconduct or serious misconduct; (c) specify— (i) any steps taken by Council to resolve the matter that is the subject of the application and the reason why the matter was not resolved by the taking of those steps; or (ii) if the Council did not take any steps to resolve the matter that is the subject of the application, the reason why the Council did not take any steps to resolve the matter;". 21 Section 81C substituted For section 81C of the Principal Act substitute— "81C Principal Councillor Conduct Registrar must reject application for formation of a Councillor Conduct Panel in specified circumstances (1) The Principal Councillor Conduct Registrar, after examining an application made under section 81B, must form a Councillor -- 25 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 22 Authorised by the Chief Parliamentary Counsel Conduct Panel to hear the matter if the Principal Councillor Conduct Registrar is satisfied that— (a) the application is not frivolous, vexatious, misconceived or lacking in substance; and (b) there is sufficient evidence to support an allegation of misconduct or serious misconduct as specified in the application; and (c) the Council— (i) has taken sufficient or appropriate steps to resolve the matter; or (ii) has not taken any steps to resolve the matter but the Principal Councillor Conduct Registrar is satisfied of the Council's reasons for not taking any steps. (2) Subject to subsection (3), the Principal Councillor Conduct Registrar must reject an application, or refer a matter the subject of a an application back to the Council, if the Principal Councillor Conduct Registrar is not satisfied under subsection (1)(a), (b) or (c). (3) The Principal Councillor Conduct Registrar must form a Councillor Conduct Panel to hear the matter if the application is made under section 81B(1B)(c) by the Chief Municipal Inspector for a finding of serious misconduct. (4) The rejection of an application, or the referral of a matter the subject of an application back to the Council, by the Principal Councillor Conduct Registrar under this section does not prevent a further application being made under section 81B in -- 26 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 23 Authorised by the Chief Parliamentary Counsel respect of the same conduct by a Councillor that was the subject of the rejected or referred application.". 22 Repeal of section 81D Section 81D of the Principal Act is repealed. 23 Amendment of section 81E—Application on grounds of gross misconduct In section 81E of the Principal Act, for "Secretary" (wherever occurring) substitute "Chief Municipal Inspector". 24 Amendment of section 81F—Parties to a VCAT proceeding (1) In section 81F(1) of the Principal Act, for "referred to, or commenced in, VCAT under section 81D, 81E or 81J(1)(b)" substitute "commenced in VCAT under section 81E". (2) Section 81F(2) of the Principal Act is repealed. 25 Amendment of section 81J—Determinations by a Councillor Conduct Panel (1) For section 81J(1)(b) of the Principal Act substitute— "(b) make a finding of serious misconduct against a Councillor; or". (2) In section 81J(1)(c) of the Principal Act, after "misconduct" insert "or serious misconduct". (3) In section 81J(2) of the Principal Act— (a) in paragraph (c), for "Panel." substitute "Panel; or"; -- 27 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 24 Authorised by the Chief Parliamentary Counsel (b) after paragraph (c) insert— "(d) direct that the Councillor is ineligible to hold the office of Mayor for a period specified by the Panel not exceeding the remainder of the Council's term.". (4) After section 81J(2) of the Principal Act insert— "(2A) If a Councillor Conduct Panel makes a finding of serious misconduct against a Councillor— (a) that Councillor becomes ineligible to hold the office of Mayor for the remainder of the Council's term unless the Panel directs otherwise; and (b) the Panel may— (i) reprimand that Councillor; or (ii) direct that Councillor to make an apology in a form or manner determined by the Panel; or (iii) direct that Councillor to take a leave of absence for a period specified by the Panel not exceeding 2 months, commencing on a date specified by the Panel; or (iv) suspend that Councillor from office for a period specified by the Panel not exceeding 6 months; or (v) direct that the Councillor is ineligible to chair a special committee of the Council for a period specified by the Panel not exceeding the remainder of the Council's term.". (5) Section 81J(7) of the Principal Act is repealed. -- 28 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 25 Authorised by the Chief Parliamentary Counsel 26 Section 81K substituted For section 81K of the Principal Act substitute— "81K Findings and orders of VCAT If VCAT makes a finding that a Councillor has engaged in conduct that constitutes gross misconduct, VCAT may order that the Councillor is disqualified from continuing to be a Councillor for a period specified by VCAT not exceeding 8 years and the office of the Councillor is vacated.". 27 Repeal of section 81L Section 81L of the Principal Act is repealed. 28 Amendment of section 81M—Notice of determinations and tabling of decisions In section 81M(1) and (3) of the Principal Act— (a) in paragraph (c), for "Minister." substitute "Minister; and"; (b) after paragraph (c) insert— "(d) the Principal Councillor Conduct Registrar.". 29 Amendment of section 81N—Suspension of matters during election period In section 81N(2) and (3) of the Principal Act omit "or VCAT". 30 Amendment of section 81O—Breach of Act by Councillor In section 81O(2) of the Principal Act, for "Secretary" substitute "Chief Municipal Inspector". -- 29 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 26 Authorised by the Chief Parliamentary Counsel 31 Amendment of section 81P—Investigation by inspector of municipal administration (1) In the heading to section 81P of the Principal Act, for "inspector of municipal administration" substitute "Chief Municipal Inspector". (2) In section 81P(1) of the Principal Act, for "Secretary" (where twice occurring) substitute "Chief Municipal Inspector". (3) For section 81P(2) and (3) of the Principal Act substitute— "(2) Within 28 days of the Chief Municipal Inspector requiring a Councillor Conduct Panel to suspend or stop consideration of a matter, the Chief Municipal Inspector must commence an investigation into the matter.". 32 Amendment of section 81Q—Review by VCAT For section 81Q(3) of the Principal Act substitute— "(3) A person is not entitled to apply for review of a decision made by a Councillor Conduct Panel to dismiss the application because it is frivolous, vexatious, misconceived or lacking in substance.". 33 Repeal of section 81S Section 81S of the Principal Act is repealed. -- 30 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 27 Authorised by the Chief Parliamentary Counsel 34 New Divisions 1C and 1D inserted in Part 4 After Division 1B of Part 4 in the Principal Act insert— "Division 1C—Appointment and functions of Principal Councillor Conduct Registrar 81S Appointment of Principal Councillor Conduct Registrar The Secretary must appoint a Principal Councillor Conduct Registrar who is employed under Part 3 of the Public Administration Act 2004. 81T Functions and powers of the Principal Councillor Conduct Registrar (1) The functions of the Principal Councillor Conduct Registrar are to— (a) receive applications for the establishment of Councillor Conduct Panels; and (b) form Councillor Conduct Panels by appointing members of the panel list to sit on Councillor Conduct Panels; and (c) provide general advice and assistance to members of the Councillor Conduct Panel in relation to their functions; and (d) publish any determination made by a Councillor Conduct Panel and any reasons given for that determination; and (e) keep copies of all documents requested by, and given to, a Councillor Conduct Panel; and -- 31 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 28 Authorised by the Chief Parliamentary Counsel (f) comply with any request made by the Chief Municipal Inspector or VCAT for copies of any documents given to or made by a Councillor Conduct Panel; and (g) set and publish a schedule of fees specifying the fees to be paid to members of a Councillor Conduct Panel; and (h) send notice to a Council specifying the fees payable by the Council following any Councillor Conduct Panel hearing conducted for, or on behalf of, the Council; and (i) publish any guidelines in relation to Councillor Conduct Panel procedures and processes that the Principal Councillor Conduct Registrar has determined to be necessary. (2) The Principal Councillor Conduct Registrar has power to do all things necessary or convenient to be done for or in connection with the performance of the Principal Councillor Conduct Registrar's functions under this Act. Division 1D—Formation, operation and dissolution of Councillor Conduct Panels and related matters 81U The panel list (1) The Minister must establish a panel list of eligible persons from which members of a Councillor Conduct Panel must be selected. (2) The Minister may appoint as many eligible persons to the Panel list as the Minister considers appropriate. -- 32 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 29 Authorised by the Chief Parliamentary Counsel (3) A person is eligible for appointment to the panel list if the person— (a) is an Australian lawyer who has been admitted to the legal profession for at least 5 years; or (b) has any other experience the Minister considers relevant to the position. Note See also section 81V(3) which requires at least one person selected to form a Councillor Conduct Panel to be an eligible person in accordance with subsection (3)(a). (4) A member of the panel list may resign by notice in writing to the Minister. (5) The Minister may remove a member of the panel list if the Minister considers that the person is no longer a suitable person to sit on a Councillor Conduct Panel. (6) The Public Administration Act 2004 does not apply to a member of the panel list. 81V Principal Councillor Conduct Registrar to form Councillor Conduct Panel (1) Subject to sections 81C and 81W, the Principal Councillor Conduct Registrar must form a Councillor Conduct Panel, after examining an application made under section 81B, without undue delay. (2) For the purposes of subsection (1), the Principal Councillor Conduct Registrar must select 2 people from the panel list established by the Minister under section 81U who the Principal Councillor Conduct Registrar considers suitable to form a Councillor Conduct Panel in accordance with this -- 33 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 30 Authorised by the Chief Parliamentary Counsel section and any guidelines made under section 81T(1)(i). (3) The Principal Councillor Conduct Registrar must ensure that at least one of the 2 people selected to form a Councillor Conduct Panel is an eligible person in accordance with section 81U(3)(a). (4) The person selected under subsection (3) is the chairperson for the Councillor Conduct Panel. 81W Related applications (1) If the Principal Councillor Conduct Registrar receives an application (a subsequent application) that appears to be related to another application for which a Councillor Conduct Panel has already been formed, the Principal Councillor Conduct Registrar must forward the subsequent application directly to the existing Councillor Conduct Panel. (2) On receipt of the subsequent application, the Councillor Conduct Panel must decide, based on the subject matter of the subsequent application, either— (a) to join the subsequent application to the application the Panel was formed to hear; or (b) to return the subsequent application to the Principal Councillor Conduct Registrar without hearing the matter. (3) If the Councillor Conduct Panel returns the subsequent application to the Principal Councillor Conduct Registrar under subsection (2)(b), the Principal Councillor Conduct Registrar must form a Councillor Conduct Panel to hear the application unless section 81C(2) applies. -- 34 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 31 Authorised by the Chief Parliamentary Counsel 81X Functions of a Principal Conduct Officer A Principal Conduct Officer must— (a) assist the Council in the implementation of, and conduct of, the internal resolution procedure of a Council; and (b) assist the Principal Councillor Conduct Registrar to perform the functions specified in section 81T. 81Y Duties of the Chief Executive Officer in relation to Councillor Conduct Panels (1) The Chief Executive Officer must appoint, in writing, an eligible person to be the Principal Conduct Officer. (2) For the purposes of subsection (1), a person is an eligible person if— (a) the person is a senior officer (other than the Chief Executive Officer); or (b) the Council resolves that the person is suitably qualified to perform the functions of the Principal Conduct Officer. 81Z Dissolution of Councillor Conduct Panels A Councillor Conduct Panel is dissolved when any of the following occurs— (a) the application for the Panel to make a finding is withdrawn; (b) where the Panel gives notice of the Panel's decision— (i) 28 days after the Panel has given a statement of reasons under section 81M to the persons specified in section 81M(3); or -- 35 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 32 Authorised by the Chief Parliamentary Counsel (ii) if an application for review of the decision is made under section 81Q, the conclusion of that review by VCAT; (c) the consideration of the matter by the Panel has been stopped by the Chief Municipal Inspector under section 81P. 81ZA Immunity (1) A member of a Councillor Conduct Panel under this Act is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the discharge of a duty under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of a Councillor Conduct Panel attaches to the Council.". 35 Amendment of section 82A—Council must maintain an Internet website After section 82A(2)(ab)(iv) of the Principal Act insert— "(v) the current Councillor Code of Conduct— as soon as practicable after being approved under section 76C;". -- 36 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 33 Authorised by the Chief Parliamentary Counsel 36 New Division 1A inserted in Part 10 After Division 1 of Part 10 of the Principal Act insert— "Division 1A—Serious or gross misconduct by Councillor—Exceptional circumstances 219AA Application of Division (1) This Division applies if— (a) a person has made a complaint to the Minister in respect of a Councillor that alleges that the Councillor— (i) is creating a serious risk to the health and safety of Councillors or Council staff; or (ii) is preventing the Council from performing its functions; or (iii) is behaving in a manner that does not accord with the role of a Councillor; and Note See section 65 which specifies the role of a Councillor. (b) an application has been made— (i) for a Councillor Conduct Panel to make a finding of serious misconduct against the Councillor the subject of the complaint specified in paragraph (a); or (ii) to VCAT alleging gross misconduct by the Councillor the subject of the complaint specified in paragraph (a). -- 37 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 34 Authorised by the Chief Parliamentary Counsel (2) An application under subsection (1)(b) may be made, but is not required to be made, by the person who has made a complaint under subsection (1)(a). 219AB Referral of complaint to a municipal monitor (1) The Minister may refer a complaint specified in section 219AA(1)(a) to a suitably qualified municipal monitor for investigation by the municipal monitor. (2) A municipal monitor is suitably qualified if the Minister considers that the municipal monitor has relevant experience or expertise for the purposes of conducting the investigation. 219AC Municipal monitor to conduct investigation and prepare a report (1) A municipal monitor who has received a referred complaint under section 219AB must conduct and complete an investigation into the complaint in accordance with this section— (a) within 10 days after the day that the municipal monitor received the referral; or (b) within such other period agreed to by the Minister after receiving a request from the municipal monitor for an extension of time to conduct and complete the investigation. (2) On receiving a referred complaint from the Minister, the municipal monitor must give notice to the following persons— (a) the Councillor who is the subject of the complaint; -- 38 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 35 Authorised by the Chief Parliamentary Counsel (b) the Mayor; (c) the Chief Executive Officer. (3) Notice under subsection (2) must— (a) be in writing; and (b) specify the period of time that will be taken to conduct and complete the investigation in accordance with subsection (1). (4) Within the period specified in subsection (1)(a) or such other period agreed to by the Minister under subsection (1)(b), the municipal monitor must— (a) investigate the complaint; and (b) prepare a report of the municipal monitor's advice and findings specifying— (i) whether the municipal monitor considers that the Councillor the subject of the complaint— (A) is creating a serious risk to the health and safety of Councillors or Council staff; or (B) is preventing the Council from performing its functions; or (C) is behaving in a manner that does not accord with the role of a Councillor; and (ii) the reasons for the municipal monitor's advice and findings; and -- 39 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 36 Authorised by the Chief Parliamentary Counsel (c) give a copy of the report prepared under paragraph (b) to— (i) the Councillor the subject of the complaint; and (ii) the Minister. (5) The copy of the report given to a Councillor under subsection (4)(c)(i) must specify the following— (a) that the Councillor may give a response to the report to the Minister within 5 days of receiving the report; (b) the manner in which any response to the report must be given to the Minister. 219AD Councillor may respond to report of municipal monitor Within 5 days after receiving a copy of a report prepared by a municipal monitor under section 219AC(4)(b), the Councillor who is the subject of the complaint may give to the Minister a response to the report in accordance with section 219AC(5)(b). 219AE Action that may be taken by Minister following municipal monitor report and any Councillor response After receiving the report of the municipal monitor under section 219AC(4)(c)(ii) and any response from the Councillor who is the subject of the complaint under section 219AD, the Minister may— (a) in accordance with section 219AF, recommend that the Councillor the subject of the complaint be stood down; or -- 40 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 37 Authorised by the Chief Parliamentary Counsel (b) take any other action the Minister can take against a Councillor under this Act; or (c) take no further action. 219AF Councillor may be ordered to stand down (1) On the recommendation of the Minister, the Governor in Council may, by Order in Council, stand down a Councillor. (2) The Minister may make a recommendation under subsection (1) if— (a) an application has been made to a Councillor Conduct Panel or VCAT alleging serious misconduct or gross misconduct (as the case requires) by the Councillor; and (b) a municipal monitor has given the Minister a report under section 219AC advising the Minister that the Councillor in respect of whom an application specified in paragraph (a) has been made— (i) is creating a serious risk to the health and safety of a Councillor or a member of Council staff; or (ii) is preventing the Council from performing its functions; or (iii) is behaving in a manner that does not accord with the role of Councillor; and (c) the Minister is satisfied that— (i) there is a serious risk to the health and safety of a Councillor or a member of Council staff; or -- 41 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 38 Authorised by the Chief Parliamentary Counsel (ii) unless the Councillor is ordered to stand down, the Council will be unable to perform its functions; or (iii) the Councillor is behaving in a manner that does not accord with the role of a Councillor. (3) If an Order in Council is made under subsection (1), the Minister must give written notification to— (a) the Councillor who, by Order in Council, must stand down; and (b) the Chief Executive Officer. (4) If an Order in Council is made under this section, for the duration of the Order— (a) the allowance of the Councillor ordered to stand down is to be withheld; and (b) the Councillor ordered to stand down must not perform the functions and duties of, or exercise the powers of, a Councillor including— (i) attend any ordinary meetings or special meetings of the Council; and (ii) attend any special committee meetings; and (iii) attend any assembly of Councillors; and (iv) attend Council premises. (5) The standing down of a Councillor by Order in Council under this section expires— (a) on the making of a determination by a Councillor Conduct Panel or VCAT in respect of the application; or -- 42 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 39 Authorised by the Chief Parliamentary Counsel (b) on the withdrawal of the application to the Councillor Conduct Panel or VCAT; or (c) on the dismissal of the application by the Councillor Conduct Panel or VCAT; or (d) on the revocation of the Order in Council by another Order in Council; or (e) 6 months after the Order in Council is made. (6) Subject to subsection (7), if an Order in Council is due to expire in accordance with subsection (5)(e), the Minister may make another recommendation to the Governor in Council for the making of a subsequent Order in Council, in accordance with this section, for the standing down of the Councillor based on any further advice given by a municipal monitor to the Minister. (7) The subsequent Order in Council— (a) may be made before the first Order in Council standing down the Councillor expires; and (b) must not— (i) come into operation until the first Order in Council standing down the Councillor expires; and (ii) be in operation for a period longer than 6 months. (8) If the Councillor Conduct Panel or VCAT (as the case requires) hearing the application against the Councillor does not make a finding of serious misconduct or gross misconduct against the Councillor the subject of the application, the allowance -- 43 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 40 Authorised by the Chief Parliamentary Counsel withheld from the Councillor in accordance with subsection (4)(a) must be returned to the Councillor.". 37 Repeal of Schedule 5 Schedule 5 to the Principal Act is repealed. 38 Amendment of Schedule 12 After clause 12 of Schedule 12 to the Principal Act insert— "12A Prescribing provisions to be included in the Councillor Code of Conduct. 12B Prescribing matters to be included in the Councillor Code of Conduct. 12C Prescribing processes for the conduct of the internal resolution procedure of a Council.". Division 3—Council governance, the Chief Municipal Inspector and municipal monitor 39 Definitions In section 3(1) of the Principal Act insert the following definitions— "Chief Municipal Inspector means the person appointed under section 223A; Integrity Minister means the Minister administering section 223A;". 40 New section 218A inserted After section 218 of the Principal Act insert— "218A Minister may direct Council regarding its governance (1) The Minister may in writing direct the Council to amend, discontinue or replace its governance processes and policies if— -- 44 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 41 Authorised by the Chief Parliamentary Counsel (a) the Chief Municipal Inspector or a municipal monitor has advised the Minister that those governance processes and policies require improvement; and (b) the Minister is satisfied that those governance processes and policies require improvement. (2) If the Council fails to comply with a direction made under subsection (1), the Minister may take that failure to comply with the direction into account for the purposes of recommending the suspension of all the Councillors of the Council under section 219(1)(a).". 41 Section 223A substituted For section 223A of the Principal Act substitute— "223A Appointment of Chief Municipal Inspector (1) The Integrity Minister may appoint a Chief Municipal Inspector who is employed under Division 5 of Part 3 of the Public Administration Act 2004. (2) The Chief Municipal Inspector has the following functions— (a) to investigate and prosecute any possible offences under this Act; (b) to examine any possible breaches of this Act; (c) to investigate any allegations of misconduct, serious misconduct and gross misconduct by a Councillor; -- 45 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 42 Authorised by the Chief Parliamentary Counsel (d) to make an application for a Councillor Conduct Panel to make a finding of serious misconduct against a Councillor; (e) to make an application to VCAT for a finding of gross misconduct by a Councillor; (f) any other function conferred on the Chief Municipal Inspector by or under this Act. (3) The Chief Municipal Inspector has all the powers necessary to perform the Chief Municipal Inspector's functions. (4) The Chief Municipal Inspector may, by instrument, delegate any power, duty or function of the Chief Municipal Inspector under this Act to any person who has, in the Chief Municipal Inspector's opinion, appropriate skills or knowledge to perform that power, duty or function other than this power of delegation. (5) A person delegated any power, duty or function by the Chief Municipal Inspector under subsection (4) is by virtue of that delegation an inspector of municipal administration.". 42 Amendment of section 223B—Powers of inspectors of municipal administration (1) Insert the following heading to section 223B of the Principal Act— "Powers of the Chief Municipal Inspector". (2) In section 223B(1) of the Principal Act— (a) for "An inspector of municipal administration" substitute "The Chief Municipal Inspector"; -- 46 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 43 Authorised by the Chief Parliamentary Counsel (b) for "or investigate" substitute ", investigate and prosecute". (3) In section 223B(2) of the Principal Act— (a) for "An inspector" substitute "The Chief Municipal Inspector"; (b) in paragraphs (a) and (c), for "inspector" substitute "Chief Municipal Inspector". (4) In section 223B(3) of the Principal Act, for "An inspector" substitute "The Chief Municipal Inspector". (5) In section 223B(4) of the Principal Act— (a) for "An inspector" substitute "The Chief Municipal Inspector"; (b) for "she or he" substitute "the Chief Municipal Inspector". (6) In section 223B(5) of the Principal Act— (a) for "an inspector" substitute "the Chief Municipal Inspector"; (b) for "she or he" substitute "the Chief Municipal Inspector"; (c) for "inspector's" substitute "Chief Municipal Inspector's". (7) In section 223B(6) of the Principal Act, for "an inspector" substitute "the Chief Municipal Inspector". 43 Amendment of section 223C—Offences relating to investigations (1) In section 223C(1) of the Principal Act— (a) in paragraph (a), for "an inspector of municipal administration" substitute "the Chief Municipal Inspector"; -- 47 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 44 Authorised by the Chief Parliamentary Counsel (b) in paragraph (b), for "he or she knows is false or misleading to an inspector of municipal administration" substitute "the person knows is false or misleading to the Chief Municipal Inspector"; (c) in paragraph (c), for "an inspector of municipal administration" substitute "the Chief Municipal Inspector". (2) In section 223C(2) of the Principal Act— (a) for "an inspector of municipal administration" substitute "the Chief Municipal Inspector"; (b) for "he or she" substitute "the person"; (c) for "inspector of municipal administration" (where secondly occurring) substitute "Chief Municipal Inspector". (3) In section 223C(3) of the Principal Act— (a) for "inspector of municipal administration" (wherever occurring) substitute "Chief Municipal Inspector"; (b) in paragraph (b), for "he or she" substitute "the person". 44 New sections 223CA, 223CB and 223CC inserted After section 223C of the Principal Act insert— "223CA Municipal monitor (1) The Minister may appoint a person to be a municipal monitor to a Council. (2) A municipal monitor is not, in respect of their office as a municipal monitor, subject to the Public Administration Act 2004. -- 48 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 45 Authorised by the Chief Parliamentary Counsel (3) A person who is appointed as a municipal monitor and who is not subject to the Public Administration Act 2004 is entitled to be paid the amounts, and on the terms, fixed by the Minister. (4) The Minister must give the Council written notice of any appointment of a municipal monitor made to it under subsection (1) which specifies the amounts the municipal monitor is entitled to be paid and the terms of the appointment. (5) The Council must pay a municipal monitor the amounts specified in the notice under subsection (4). 223CB Functions of municipal monitor A municipal monitor has the following functions— (a) to monitor Council governance processes and practices; (b) to advise the Council about governance improvements the Council should make; (c) to report to the Minister on any steps or actions taken by the Council to improve its governance and the effectiveness of those steps or actions; (d) to investigate any referred complaint received from the Minister under section 219AB; (e) to provide advice to, and prepare a report for, the Minister in accordance with section 219AC about a Councillor in respect of whom a complaint has been made; -- 49 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 46 Authorised by the Chief Parliamentary Counsel (f) to monitor and report to the Minister on any other matters determined by the Minister. 223CC Powers of municipal monitor (1) A municipal monitor may examine and investigate— (a) any matter relating to a Council's operations or to Council elections or electoral matters; and (b) a Councillor on receiving a complaint in respect of that Councillor from the Minister under section 219AB; and (c) any possible breaches of this Act. (2) A municipal monitor may, by notice in writing, require a person— (a) to produce any document (whether or not specifically identified in the notice) in the person's custody or control that relates to any matter that the municipal monitor may examine or investigate; and (b) to give all reasonable assistance in connection with an examination or investigation; and (c) to appear before the municipal monitor for examination on oath and to answer questions. (3) A municipal monitor may administer an oath. (4) A municipal monitor may take possession of any document produced under subsection (2) for so long as the municipal monitor considers necessary. -- 50 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 47 Authorised by the Chief Parliamentary Counsel (5) However, while a municipal monitor retains possession of the document, the municipal monitor must permit any person who would be entitled to inspect the document if it were not in the municipal monitor's possession to inspect the document at any reasonable time. (6) A person appearing before a municipal monitor is entitled to be represented by another person.". Division 4—Electoral reform 45 Definitions In section 3(1) of the Principal Act— (a) insert the following definitions— "Electoral Commissioner means the Electoral Commissioner appointed under section 12 of the Electoral Act 2002; returning officer means— (a) the Electoral Commissioner; or (b) a person appointed in writing by the Electoral Commissioner;"; (b) for the definition of Registrar substitute— "Registrar means— (a) the Electoral Commissioner; or (b) a person appointed in writing by the Electoral Commissioner;"; (c) the definitions of Electoral Commission, exhibition roll and exhibition roll date are repealed. -- 51 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 48 Authorised by the Chief Parliamentary Counsel 46 Repeal of section 21 Section 21 of the Principal Act is repealed. 47 Amendment of section 22—Chief Executive Officer to prepare voters' list of ratepayers For section 22(2) of the Principal Act substitute— "(2) On or before a date (that is a date before the entitlement date for a general election) determined by the Registrar, the Chief Executive Officer must supply the Registrar with a voters' list of the persons who appear to the Chief Executive Officer to be entitled to be enrolled (as at a date specified by the Registrar) under sections 13, 14, 15 and 16 identifying those persons whose request that their address not be shown has been accepted. (3) Within the period specified by the Registrar, the Chief Executive Officer must supply the Registrar with any information required by the Registrar to prepare the voters' roll under section 24.". 48 Repeal of section 23 Section 23 of the Principal Act is repealed. 49 Amendment of section 23A—Public notification and exhibition (1) In the heading to section 23A of the Principal Act omit "and exhibition". (2) In section 23A(1) of the Principal Act, for "on or before the exhibition roll date" substitute "not later than 42 days before the entitlement date". -- 52 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 49 Authorised by the Chief Parliamentary Counsel (3) Section 23A(2) of the Principal Act is repealed. (4) In section 23A(3) of the Principal Act omit "or (2)". (5) Section 23A(4), (4A) and (4B) of the Principal Act are repealed. (6) Section 23A(5)(b) and (c) of the Principal Act are repealed. (7) Section 23A(6), (7) and (8) of the Principal Act are repealed. 50 Amendment of section 24—Preparation of voters' rolls (1) For section 24(2) of the Principal Act substitute— "(2) The Registrar must compile a voters' roll containing the prescribed particulars of persons entitled to be enrolled as at the close of the roll from— (a) a roll of electors for the Legislative Assembly compiled from the register of electors in accordance with section 12; and (b) in the case of a general election, information received under subsection (5) and section 22(2); and (c) in the case of a by-election, the voters' roll used at the last election and information received under subsection (5).". (2) Section 24(4) of the Principal Act is repealed. (3) For section 24(5) of the Principal Act substitute— "(5) The Chief Executive Officer must provide to the Registrar— -- 53 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 50 Authorised by the Chief Parliamentary Counsel (a) in the case of a general election, sufficient information in a form and at the times specified by the Registrar, so as to enable information supplied under section 22(2) to be updated during the period from the supply of the information until the close of the roll; or (b) in the case of a by-election, the voters' roll used at the last election to be updated in respect of persons whose entitlement arises as a ratepayer under section 13, 14, 15 or 16 during the period from certification of the voters' roll until the close of the roll.". (4) In section 24(6) of the Principal Act, for "Chief Executive Officer" substitute "Registrar". (5) In section 24(7) of the Principal Act, for "Chief Executive Officer" substitute "Registrar". 51 Amendment of section 24A—Amendment of voters' roll (1) In section 24A(1) of the Principal Act— (a) for "Chief Executive Officer" (where first occurring) substitute "Registrar"; (b) in paragraph (b), for "roll; or" substitute "roll."; (c) paragraph (c) is repealed. (2) For section 24A(2) of the Principal Act substitute— "(2) If an amendment relates to a person enrolled under section 13, 14, 15 or 16, the Registrar must obtain the approval of the Chief Executive Officer.". -- 54 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 51 Authorised by the Chief Parliamentary Counsel (3) For section 24A(3) of the Principal Act substitute— "(3) The amendment of the voters' roll under subsection (1) must be certified by the Registrar.". 52 Amendment of section 24B—Inspection of voters' roll In section 24B of the Principal Act, for "Chief Executive Officer" substitute "Registrar". 53 Amendment of section 24C—Provision of voters' rolls (1) In section 24C(1) of the Principal Act, for "Chief Executive Officer" substitute "returning officer". (2) In section 24C(2) of the Principal Act, for "Chief Executive Officer" (where twice occurring) substitute "returning officer". (3) In section 24C(3)(b) of the Principal Act, for "Chief Executive Officer" substitute "returning officer". (4) In section 24C(6) of the Principal Act omit "or on behalf of a candidate". 54 Amendment of section 26—Victorian Electoral Commission's expenses In section 26 of the Principal Act, for "in assisting each Council to prepare its" substitute "for preparing each Council's". 55 Amendment of section 27—Offences relating to voters' rolls (1) In section 27(1) of the Principal Act, after "Council staff" insert ", a person employed in accordance with section 17 of the Electoral Act 2002". -- 55 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 52 Authorised by the Chief Parliamentary Counsel (2) In section 27(2) of the Principal Act, for "Chief Executive Officer" substitute "Registrar". (3) In section 27(3) of the Principal Act, after "intentionally gives to" insert "the Registrar,". 56 Amendment of section 29—Disqualifications After section 29(1)(fa) of the Principal Act insert— "(fb) he or she is disqualified from managing corporations under Part 2D.6 of the Corporations Act; or". 57 Amendment of section 37A—Extraordinary vacancies—Councillors elected under Schedule 3 (Part 4A) or 3A Section 37A(4) of the Principal Act is repealed. 58 Amendment of section 38—By-elections In section 38(1B) of the Principal Act, after "Minister" insert "and the Victorian Electoral Commission". 59 Amendment of section 40—Voting is compulsory (1) For the definition of prosecution officer in section 40(2) of the Principal Act substitute— "prosecution officer means the Electoral Commissioner or a person appointed by the Electoral Commissioner for the purposes of this section.". (2) After section 40(4) of the Principal Act insert— "(5) Payments received by the prosecution officer under this section, in relation to the enforcement and prosecution of an offence against this section, must be paid to the Council in respect of which the offence relates.". -- 56 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 53 Authorised by the Chief Parliamentary Counsel 60 New section 40A inserted After section 40 of the Principal Act insert— "40A Victorian Electoral Commission's election and enforcement expenses (1) The Victorian Electoral Commission may send to each Council an account of the reasonable expenses incurred by the Victorian Electoral Commission— (a) for conducting an election for the Council; and (b) for the administration, enforcement and prosecution of any offence related to compulsory voting under this Act, the City of Melbourne Act 2001 or the regulations. (2) A Council is responsible for the reasonable expenses of the Victorian Electoral Commission as specified in an account sent to the Council under subsection (1). (3) For the purposes of this section, reasonable expenses that may be recovered from a Council do not include any costs recovered under the Infringements Act 2006 and passed on to the Victorian Electoral Commission under that Act (being an enforcement agency under that Act).". 61 Amendment of section 43—Governor in Council may give directions In section 43(1)(d) of the Principal Act omit "(including the conduct of an election or poll by a person other than the Council or its returning officer)". -- 57 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 54 Authorised by the Chief Parliamentary Counsel 62 Amendment of section 45—Application for an inquiry For section 45(1)(b) of the Principal Act substitute— "(b) 10 persons who were entitled to vote at the election who dispute the validity of the election; or (c) a returning officer who disputes the validity of the election—". 63 Amendment of section 55D—Prohibition on Council After section 55D(1) of the Principal Act insert— "(1A) For the purposes of subsection (1), the publication of a document of a kind specified in that subsection does not include— (a) publication of any document published before the commencement of the election period; and (b) publication of any document required to be published in accordance with, or under, any Act or regulation. Note See definitions of publish in section 3(1) and document in section 38 of the Interpretation of Legislation Act 1984.". 64 Amendment of section 82A—Council must maintain an Internet website In section 82A(2)(ab) of the Principal Act, before subparagraph (i) insert— "(iaa) the election period policy prepared under section 93B;". -- 58 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 55 Authorised by the Chief Parliamentary Counsel 65 New section 93B inserted After section 93A of the Principal Act insert— "93B Council to adopt an election period policy (1) A Council must prepare, adopt and maintain an election period policy in relation to procedures to be applied by Council during the election period for a general election. (2) A Council must prepare and adopt an election period policy as required by subsection (1)— (a) by 31 March 2016; and (b) following the general election on 22 October 2016, continue to maintain the election period policy by reviewing and, if required, amending the policy not later than 12 months before the commencement of each subsequent general election period. (3) An election period policy must include the following— (a) procedures intended to prevent the Council from making inappropriate decisions or using resources inappropriately during the election period before a general election; (b) limits on public consultation and the scheduling of Council events; (c) procedures to ensure that access to information held by Council is made equally available and accessible to candidates during the election. (4) A copy of the election period policy must— (a) be given to each Councillor as soon as practicable after it is adopted; and -- 59 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 56 Authorised by the Chief Parliamentary Counsel (b) be available for inspection by the public at the Council office and any district offices; and (c) be published on the Council's Internet website maintained under section 82A. (5) In this section— inappropriate decisions made by a Council during an election period includes any of the following— (a) decisions that would affect voting in an election; (b) decisions that could reasonably be made after the election.". 66 Amendment of Schedule 2—clause 1 (1) Insert the following heading to clause 1 of Schedule 2 to the Principal Act— "Victorian Electoral Commission to conduct elections". (2) For clause 1(1) of Schedule 2 to the Principal Act substitute— "(1) The Victorian Electoral Commission is responsible for conducting elections and polls under this Act.". (3) Clause 1(2), (3), (4) and (5) of Schedule 2 to the Principal Act are repealed. (4) In clause 1(6) of Schedule 2 to the Principal Act omit "deputy returning officer or". (5) In clause 1(7) of Schedule 2 to the Principal Act, for "returning officer" substitute "Victorian Electoral Commission". -- 60 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 57 Authorised by the Chief Parliamentary Counsel 67 Amendment of Schedule 2—clause 2 In clause 2(1) of Schedule 2 to the Principal Act— (a) for "The returning officer" substitute "A returning officer"; (b) omit "in respect of a Council". 68 Amendment of Schedule 2—clause 3 In clause 3 of Schedule 2 to the Principal Act, for "returning officer" (where twice occurring) substitute "Victorian Electoral Commission". 69 Amendment of Schedule 2—clause 5 (1) In clause 5(1)(d) of Schedule 2 to the Principal Act, for "Council" substitute "Victorian Electoral Commission". (2) In clause 5(1A) of Schedule 2 to the Principal Act, for "Unless subclause (1B) applies, a candidate" substitute "A candidate". (3) Clause 5(1B) of Schedule 2 to the Principal Act is repealed. (4) For clause 5(2) of Schedule 2 to the Principal Act substitute— "(2) A candidate must be named in a nomination form by specifying the surname and the given name, or one or more of the given names and the address under which the candidate is on the voters' roll.". (5) In clause 5(5) of Schedule 2 to the Principal Act omit "christian or". 70 Amendment of Schedule 2—clause 6 (1) In clause 6(2) of Schedule 2 to the Principal Act— (a) in paragraph (b), for "with; or" substitute "with."; (b) paragraph (c) is repealed. -- 61 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 58 Authorised by the Chief Parliamentary Counsel (2) For clause 6(3A) of Schedule 2 to the Principal Act substitute— "(3A) The returning officer must reject as being void a nomination from a person who is not enrolled on the voters' roll for the municipality.". (3) In clause 6(8) of Schedule 2 to the Principal Act omit "or (2)(c)". 71 Clause 8 of Schedule 2 substituted For clause 8 of Schedule 2 to the Principal Act substitute— "8 Retirement of a candidate (1) A candidate may retire before a declaration of an election is made or, if an election is to be held, before the day of the election, only in accordance with this clause. (2) A candidate may retire before the day of an election if the retirement will result in an uncontested election. (3) If clause 9A(5) applies to a candidate, the retirement of the candidate takes effect on and from the date the returning officer sends the candidate advice under clause 9A(4)(b). (4) To retire in any other circumstance, one of the following must apply to the candidate— (a) the candidate is not qualified to be a candidate as required by section 28(1); (b) the candidate is disqualified by section 29(1) or (2). (5) If subclause (4)(a) or (b) applies to a candidate, the candidate may retire by giving the returning officer— -- 62 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 59 Authorised by the Chief Parliamentary Counsel (a) a written statement specifying that the candidate is not qualified to be a candidate as required under section 28(1) or is disqualified by section 29(1) or (2) (as appropriate) and include or attach evidence in support of that statement; and (b) a notice of retirement signed by the candidate. (6) Retirement in accordance with subclause (2) or (5) takes effect on the returning officer receiving— (a) the notice of retirement; and (b) if subclause (4) applies, the written statement specified in subclause (5). (7) If practicable, the returning officer must give public notice of a retirement before the day of the election. (8) The following provisions apply if the candidate has retired in accordance with subclause (5) or is taken to have retired under clause 9A(5)— (a) if the retirement of the candidate is effective after the ballot-papers have been printed the returning officer must take all practicable steps to remove the name of the retiring candidate from the ballot-papers; (b) if the returning officer receives a completed ballot-paper on which the name of the retiring candidate has not been removed, the name of the retiring candidate and any figure next to the name are to be treated as removed and the ballot-paper is to be given effect in -- 63 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 60 Authorised by the Chief Parliamentary Counsel the voter's order of preference in respect of the remaining candidates; (c) if a candidate retires, or is taken to have retired, after 4 p.m. on the Monday before the day of the election, the returning officer may permit the remaining candidates to remove the name of the retiring candidate from their how-to-vote cards in a manner approved by the returning officer. (9) The returning officer must keep the nomination form. (10) The returning officer must retain the nomination fee paid by a candidate who retires under this clause or who is taken to have retired under clause 9A(5).". 72 New clause 9A inserted in Schedule 2 After clause 9 of Schedule 2 to the Principal Act insert— "9A Returning officer may query qualifications of candidate (1) The returning officer must send written notice to a candidate for election if the returning officer believes that the candidate— (a) is not qualified to be a candidate for the office of Councillor under section 28(1); or (b) may be disqualified from nominating as a candidate under section 29(1) or (2). -- 64 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 61 Authorised by the Chief Parliamentary Counsel (2) A notice under subclause (1)— (a) must be— (i) personally served; or (ii) sent by post or email to the postal or email address specified in the candidate's nomination form; and (b) must specify that the returning officer believes that the candidate— (i) may not be qualified to be a candidate for the office of Councillor under section 28(1); or (ii) is disqualified from nominating as a candidate under section 29(1) or (2); and (c) must specify the reasons for that belief; and (d) must invite the candidate to submit written reasons explaining why the candidate should not be prevented from being a candidate for election; and (e) must specify the date by which the candidate must submit written reasons (being a date not less than 1 day after the date of the returning officer's written notice). (3) The returning officer must take action in accordance with subsection (4) if the returning officer— (a) receives reasons from the candidate explaining why the candidate should not be prevented from being a candidate for election but the returning officer is satisfied that the candidate is not qualified as specified in -- 65 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 62 Authorised by the Chief Parliamentary Counsel subsection (1)(a) or is disqualified as specified in subsection (1)(b); or (b) does not receive any written submission from the candidate. (4) The returning officer must— (a) if nominations for the election have not closed, reject the nomination of the candidate and advise the candidate that the nomination has been rejected and the reasons for that rejection; or (b) if nominations for the election have closed but the declaration of the election has not been made, advise the candidate that they are retired from the election and give reasons for retiring the candidate. (5) For the purposes of subclause (4)(b)— (a) the candidate's nomination is void from the date that advice is sent to the candidate by the returning officer; and (b) the candidate is taken to have retired from the election on and from the date the advice is sent. (6) The reasons given to a candidate by the returning officer under subclause (4)(a) or (b) must be in writing.". 73 Amendment of Schedule 2—clause 15 For clause 15(3)(d) of Schedule 2 to the Principal Act substitute— "(d) a person appointed by the Victorian Electoral Commission to be involved in the conduct of the election.". -- 66 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 63 Authorised by the Chief Parliamentary Counsel 74 New clause 24A inserted in Schedule 2 After clause 24 of Schedule 2 to the Principal Act insert— "24A Retained nomination fee to be paid to Council Any nomination fee retained by the returning officer in accordance with this Schedule must be paid to the Council.". 75 Amendment of Schedule 3—clause 17 In clause 17(1)(c) of Schedule 3 to the Principal Act, for "Chief Executive Officer" substitute "returning officer". Division 5—Transitional provisions 76 New sections 247 to 251 inserted At the end of Part 12 of the Principal Act insert— "247 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Councillor Conduct Panel matters (1) This section applies if— (a) before the commencement day an application has been made under section 81B; and (b) a decision in respect of that application has not yet been determined. (2) On and after the commencement day, the Councillor Conduct Panel must hear, or finish hearing and determine the application in accordance with Divisions 1A and 1B of Part 4 and Schedule 5 as in force immediately before that day. -- 67 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 64 Authorised by the Chief Parliamentary Counsel (3) If after the Councillor Conduct Panel has determined the application under subsection (2), the Councillor Conduct Panel authorises an applicant to make an application to VCAT for a finding of serious misconduct against a Councillor under section 81J(1)(b) as in force immediately before the commencement day, VCAT must hear the application in accordance with— (a) Divisions 1A and 1B of Part 4; and (b) Part 13B of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998— as in force immediately before that day. (4) If after the Councillor Conduct Panel has determined the application under subsection (2), a party affected by that Councillor Conduct Panel decision wishes to apply to VCAT for review of that decision, the party's application and VCAT's review of the decision must be in accordance with— (a) Divisions 1A and 1B of Part 4; and (b) Part 13B of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998— as in force immediately before the commencement day. (5) In this section— Amending Act means the Local Government Amendment (Improved Governance) Act 2015; -- 68 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 65 Authorised by the Chief Parliamentary Counsel commencement day means the day section 12 of the Amending Act comes into operation. 248 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT review (1) This section applies if— (a) before the commencement day, an application to a Councillor Conduct Panel has been determined; and (b) before, on or after that day, a party affected by that Councillor Conduct Panel decision applies to VCAT for review of that decision. (2) On and after the commencement day, VCAT must review the decision of the Councillor Conduct Panel in accordance with— (a) Divisions 1A and 1B of Part 4; and (b) Part 13B of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998— as in force immediately before that day. (3) In this section— Amending Act means the Local Government Amendment (Improved Governance) Act 2015; commencement day means the day section 12 of the Amending Act comes into operation. -- 69 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 66 Authorised by the Chief Parliamentary Counsel 249 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—VCAT matters (by referral, on grounds of gross misconduct or for review) (1) This section applies if, before the commencement day, an application— (a) made under section 81B that has been referred to VCAT under section 81D; or (b) made under section 81E; or (c) authorised by a Councillor Conduct Panel under section 81J(1)(b); or (d) for review under section 81Q— has not been determined by VCAT. (2) On and after the commencement day, VCAT must, subject to subsection (3), determine the application in accordance with— (a) Divisions 1A and 1B of Part 4; and (b) Part 13B of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998— as in force immediately before that day. (3) If, on or after the commencement day, VCAT refers a matter the subject of an application to which this section applies to a Councillor Conduct Panel under section 81L as in force immediately before that day, a Councillor Conduct Panel formed for the purposes of that section may make a direction in accordance with that section. -- 70 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 67 Authorised by the Chief Parliamentary Counsel (4) In this section— Amending Act means the Local Government Amendment (Improved Governance) Act 2015; commencement day means the day section 12 of the Amending Act comes into operation. 250 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Inspectors of municipal administration (1) This section applies if, immediately before the commencement day, a person appointed by the Minister or the Integrity Minister to be an inspector of municipal administration under section 223A as in force immediately before that day has not concluded his or her term of appointment. (2) On and after the commencement day, a person to whom this section applies may continue to act as an inspector of municipal administration, exercising the powers and performing the functions of an inspector of municipal administration, as in force under this Act immediately before the commencement day, until the person's term of appointment ceases. (3) In this section— Amending Act means the Local Government Amendment (Improved Governance) Act 2015; commencement day means the day section 39 of the Amending Act comes into operation. -- 71 of 83 -- Part 2—Amendment of Local Government Act 1989 Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 68 Authorised by the Chief Parliamentary Counsel 251 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform Despite the commencement of Division 4 of Part 2 of the Local Government Amendment (Improved Governance) Act 2015, this Act continues to apply to any election before the next general election on 22 October 2016 as if those amendments, other than the amendment made by section 65 of the Local Government Amendment (Improved Governance) Act 2015 which inserts new section 93B in this Act, had not been made.". -- 72 of 83 -- Part 3—Amendment of other Acts Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 69 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of other Acts Division 1—Amendment of City of Greater Geelong Act 1993 77 New section 11DA inserted After section 11D of the City of Greater Geelong Act 1993 insert— "11DA Functions of Mayor The functions of the Mayor of the Council include— (a) providing guidance to Councillors about what is expected of a Councillor including the obligations and responsibilities of a Councillor; and (b) acting as the principal spokesperson for the Council; and (c) supporting good working relations between Councillors; and (d) carrying out the civic and ceremonial duties of the office of Mayor.". Division 2—Amendment of City of Melbourne Act 2001 78 Definitions In section 3 of the City of Melbourne Act 2001— (a) for paragraph (b) of the definition of Registrar substitute— "(b) if the Council has engaged the Victorian Electoral Commission to prepare the voters' roll, the relevant officer appointed in writing by the -- 73 of 83 -- Part 3—Amendment of other Acts Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 70 Authorised by the Chief Parliamentary Counsel Victorian Electoral Commission to be the Registrar."; (b) the definitions of election day, Electoral Commission, exhibition roll and exhibition roll date are repealed. 79 Amendment of section 9I—General powers relating to enrolment (1) Before section 9I(1) of the City of Melbourne Act 2001 insert— "(1AA) The Chief Executive Officer may either orally or in writing, request any person or corporation to provide information to enable the Chief Executive Officer to determine the eligibility of a person to be enrolled. (1AB) If a request under subsection (1AA) is made in writing, the Chief Executive Officer may require the information to be given in writing and signed by the person giving the information.". (2) Section 9I(2) of the City of Melbourne Act 2001 is repealed. 80 Amendment of section 11—Victorian Electoral Commission to prepare list (1) For section 11(1) of the City of Melbourne Act 2001 substitute— "(1) The Victorian Electoral Commission must on or before a date (that is a date before the entitlement date at a general election) determined by the Registrar supply to the Registrar a voters' list of the persons who appear to the Victorian Electoral Commission to be entitled to be enrolled as at a date determined by the Registrar under sections 9A(1) and 9A(2), identifying those persons whose request that their principal -- 74 of 83 -- Part 3—Amendment of other Acts Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 71 Authorised by the Chief Parliamentary Counsel place of residence not be shown has been accepted.". (2) In section 11(2) of the City of Melbourne Act 2001, for "within 7 days of the exhibition date for a general election" substitute "on or before a date determined by the Registrar". 81 Amendment of section 11A—Chief Executive Officer to prepare voters' list For section 11A(2) of the City of Melbourne Act 2001 substitute— "(2) The Chief Executive Officer must on or before a date (that is a date before the entitlement date at a general election) determined by the Registrar supply to the Registrar a voters' list for each ward of the persons who appear to the Chief Executive Officer to be entitled to be enrolled as at a date determined by the Registrar under sections 9A(3), 9A(5), 9B(1) and 9C(1) identifying those persons whose request that their address not be shown has been accepted.". 82 Repeal of section 11B Section 11B of the City of Melbourne Act 2001 is repealed. 83 Amendment of section 11C—Public notification and exhibition (1) In the heading to section 11C of the City of Melbourne Act 2001 omit "and exhibition". (2) In section 11C(1) of the City of Melbourne Act 2001, for "on or before the exhibition roll date" substitute "not later than 42 days before the entitlement date". -- 75 of 83 -- Part 3—Amendment of other Acts Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 72 Authorised by the Chief Parliamentary Counsel (3) Section 11C(2), (3), (4)(b) and (c), (5), (6) and (7) of the City of Melbourne Act 2001 are repealed. 84 Amendment of section 11D—Preparation of voters' rolls For section 11D(2), (3) and (4) of the City of Melbourne Act 2001 substitute— "(2) The Registrar must compile a voters' roll containing the prescribed particulars of persons entitled to be enrolled as at the close of the roll from— (a) in the case of a general election, information received— (i) under sections 11(1) and 11A(2); and (ii) under subsections (3) and (4); and (b) in the case of a by-election, the voters' roll from the last election and the information received under subsections (3) and (4). (3) The Victorian Electoral Commission must provide to the Registrar not later than 5 days after the entitlement date sufficient records in a form specified by the Registrar in respect of persons entitled to be enrolled under section 9A(1) and (2) as at the close of the roll. (4) The Chief Executive Officer must provide to the Registrar— (a) in the case of a general election, sufficient information in a form and at the times specified by the Registrar, so as to enable information supplied under section 11A(2) to be updated during the period from the supply of the -- 76 of 83 -- Part 3—Amendment of other Acts Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 73 Authorised by the Chief Parliamentary Counsel information until the close of the roll; or (b) in the case of a by-election, the voters' roll used at the last election to be updated in respect of persons whose entitlement arises under section 9A(3), 9A(5), 9B, 9C or 9D during the period from certification of the voters' roll until the close of the roll.". 85 Amendment of section 11E—Amendment of voters' roll (1) In section 11E(1) of the City of Melbourne Act 2001— (a) in paragraph (b), for "roll; or" substitute "roll."; (b) paragraph (c) is repealed. (2) In section 11E(2) of the City of Melbourne Act 2001, for "subsection (1)(a) or (1)(b)" substitute "subsection (1)". (3) For section 11E(3) of the City of Melbourne Act 2001 substitute— "(3) The amendment of the voters' roll under subsection (1) must be certified by the Chief Executive Officer and the returning officer for the election.". 86 Amendment of section 11G—Provision of voters' rolls In section 11G(6) of the City of Melbourne Act 2001 omit "or on behalf of a candidate". 87 Amendment of section 12—General election In section 12 of the City of Melbourne Act 2001, for "The Council must hold general elections" substitute "General elections for the Council must be held". -- 77 of 83 -- Part 3—Amendment of other Acts Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 74 Authorised by the Chief Parliamentary Counsel 88 Amendment of section 14A—Qualification to be a Councillor (1) For section 14A(1) of the City of Melbourne Act 2001 substitute— 'Section 28 of the Local Government Act 1989 applies as if for subsections (1), (1A) and (1B) there were substituted— "(1) A person is qualified to be a candidate for the office of Councillor if the person has an entitlement referred to in section 9 of the City of Melbourne Act 2001. (1A) A person is qualified to become and continue to be a Councillor at a particular time if, were that particular time the entitlement date and a voters' roll prepared, subsection (1) would apply to that person. (1B) A Councillor must notify the Chief Executive Officer in writing if there has been any change to any entitlement relating to the enrolment of the Councillor under section 9 of the City of Melbourne Act 2001.".'. (2) Section 14A(2) of the City of Melbourne Act 2001 is repealed. 89 Amendment of section 19—Compulsory voting For the definition of prosecution officer in section 19(6) of the City of Melbourne Act 2001 substitute— "prosecution officer means the Victorian Electoral Commission or a person appointed by the Victorian Electoral Commission for the purposes of this section.". -- 78 of 83 -- Part 3—Amendment of other Acts Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 75 Authorised by the Chief Parliamentary Counsel 90 New section 20A inserted After section 20 of the City of Melbourne Act 2001 insert— "20A Functions of Lord Mayor The functions of the Lord Mayor of the Council include— (a) providing guidance to Councillors about what is expected of a Councillor including the obligations and responsibilities of a Councillor; and (b) acting as the principal spokesperson for the Council; and (c) supporting good working relations between Councillors; and (d) carrying out the civic and ceremonial duties of the office of Lord Mayor.". 91 Repeal of Part 4A Part 4A of the City of Melbourne Act 2001 is repealed. 92 New Part 8 inserted After Part 7 of the City of Melbourne Act 2001 insert— "Part 8—Transitional provision 33 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform Despite the commencement of sections 78 to 89 of the Local Government Amendment (Improved Governance) Act 2015, this Act continues to apply to any election before the next general election on 22 October 2016 as if those amendments had not been made.". -- 79 of 83 -- Part 3—Amendment of other Acts Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 76 Authorised by the Chief Parliamentary Counsel Division 3—Amendment of Electoral Act 2002 93 Amendment of section 8—Responsibility and functions of the Commission For section 8(2)(c) of the Electoral Act 2002 substitute— "(c) to produce voters' rolls for elections under the Local Government Act 1989; (ca) to assist the Melbourne City Council with the preparation of the voters' roll for that Council under the City of Melbourne Act 2001; (cb) to conduct all elections and polls under the Local Government Act 1989 and the City of Melbourne Act 2001;". 94 New Part 13 inserted After Part 12 of the Electoral Act 2002 insert— "Part 13—Transitional provision 224 Transitional provision—Local Government Amendment (Improved Governance) Act 2015—Electoral Reform Despite the commencement of section 93 of the Local Government Amendment (Improved Governance) Act 2015, this Act continues to apply to any election under the Local Government Act 1989 or the City of Melbourne Act 2001 before the next general election on 22 October 2016 as if the amendments made by section 93 of the Local Government Amendment (Improved Governance) Act 2015 had not been made.". -- 80 of 83 -- Part 3—Amendment of other Acts Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 77 Authorised by the Chief Parliamentary Counsel Division 4—Amendment of Victorian Civil and Administrative Tribunal Act 1998 95 Amendment of Schedule 1 (1) In clause 46E(1) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, for "sections 30, 81D, 81E and 81J(1)(b)" substitute "sections 30 and 81E". (2) For clause 46F(1) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute— "(1) Despite section 109, the Council must bear the costs of the proceedings if the Council applies to VCAT for review under section 81Q(2) of the Local Government Act 1989.". -- 81 of 83 -- Part 4—Repeal of amending Act Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 78 Authorised by the Chief Parliamentary Counsel Part 4—Repeal of amending Act 96 Repeal of amending Act This Act is repealed on 1 September 2017. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 82 of 83 -- Endnotes Local Government Amendment (Improved Governance) Act 2015 No. 53 of 2015 79 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 3 September 2015 Legislative Council: 17 September 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Local Government Act 1989 to improve the governance standards of Councils, amend arrangements for local government elections and provide for other matters, to amend the City of Melbourne Act 2001 to repeal Part 4A of that Act and to consequentially amend the City of Greater Geelong Act 1993, the City of Melbourne Act 2001, the Electoral Act 2002 and the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes." -- 83 of 83 --