Version No. 110 Local Government Act 1989 No. 11 of 1989 Version incorporating amendments as at 1 January 2012 table of provisions Section Page 1 1 Preamble 1 1A Interpretation of Act 2 2 Commencement 3 3 Definitions 3 3AA Transport Integration Act 2010 18 19 3A What is the purpose of local government? 19 3B How is a Council constituted? 19 3C Objectives of a Council 19 3D What is the role of a Council? 20 3E What are the functions of a Council? 21 3F What are the powers of Councils? 21 23 4 Types of Councils 23 5 The Council 23 5A Council may be referred to by standardised name 24 5B Constitution of Council 25 6–8 Repealed 25 9 Resolution of disputes 26 10 Repealed 26 27 Division 1—Voters 27 11 Entitlements relating to enrolment 27 12 Residents entitled to be enrolled without application 29 13 Owner ratepayers entitled to be enrolled without application 29 13A Repealed 27 14 Owner ratepayers may apply for enrolment 31 PART PART PART PART 1—PRELIMINARY
S. 3(1) def. of member of Council staff inserted by No. 64/2009 s. 36(1). member of Council staff means a natural person who is employed by the Chief Executive Officer (other than an independent contractor under a contract for services or a volunteer) to enable— (a) the functions of the Council under this Act or any other Act to be carried out; (b) the Chief Executive Officer to carry out his or her functions; Note The Chief Executive Officer is also a member of Council staff—see section 94(2). municipal district means the district under the local government of a Council; S. 3(1) def. of municipal enterprise amended by No. 109/2003 s. 7(1). municipal enterprise means any venture under section 193 or any trading or entrepreneurial enterprise; s. 3 Order in Council means an Order made by the Governor with the advice of the Executive Council and published in the Government Gazette; owner in relation to any land, means the person who is entitled to receive the rack-rent for the land or who, if the land were let at a rack-rent, would be entitled to receive the rent; S. 3(1) def. of person amended by Nos 109/2003 s. 12(1)(c), 35/2008 s. 3(3). person in relation to Divisions 1 to 7 of Part 3, means a person who has attained the age of 18 years but does not include— (a) a corporation; or (b) a Council or any other body incorporated or constituted by or under this Act; or
S. 3(1) def. of public highway inserted by No. 125/1993 s. 21(a), amended by No. 12/2004 s. 143(1)(a). public highway is a road which is open to the public for traffic as a right, irrespective of whether the road is in fact open to traffic, and includes a road— (a) declared to be a public highway under section 204(1) or under any other Act; (b) which becomes a public highway under section 24(2)(c) of the Subdivision Act 1988; s. 3 (c) which is a public road under the Road Management Act 2004; S. 3(1) def. of public notice substituted by No. 35/2008 s. 3(4), amended by No. 64/2009 s. 36(2). public notice means a notice published in a newspaper generally circulating in the municipal district of the Council chosen for the purpose by— (a) if the notice is required to be given by the Council, the Council; (b) if the notice is required to be given by the Registrar, the Registrar; s. 3 (c) if the notice is required to be given by the returning officer, the returning officer; Note See also section 82A(2) which requires any public notice to be given by the Council to be published on the Internet website of the Council. S. 3(1) def. of publish inserted by No. 109/2003 s. 25(1). publish means publish by any means including by publication on the Internet; S. 3(1) def. of rateable land inserted by No. 78/1991 s. 3(b). rateable land means any land that is rateable under section 154;
S. 28(1AA) inserted by No. 67/2008 s. 26(1). (1AA) For the purposes of subsection (1A), if the only entitlement that a person has is an entitlement to be enrolled as a resident of the municipal district, the person ceases to be qualified to continue to be a Councillor at a particular time if at that particular time the person's principal place of residence is not located within the municipal district. S. 28(1B) inserted by No. 109/2003 s. 14, substituted by No. 67/2008 s. 26(2). (1B) A Councillor must notify the Chief Executive Officer in writing if there has been any change to any entitlement relating to enrolment of the Councillor under section 11. S. 28(1C) inserted by No. 67/2008 s. 26(2). (1C) A notification under subsection (1B) must specify the nature of the change and the date on which the change occurred. S. 28(2) amended by No. 67/2008 s. 26(3). (2) If a Councillor ceases to have a qualification entitling the Councillor to continue in office, the Councillor continues to hold the office of Councillor for 50 days after ceasing to be qualified. (3) A Councillor to whom subsection (2) applies, goes out of office at the expiry of the period specified in subsection (2) unless the Councillor has within that period— (a) obtained a qualification entitling him or her to continue to be a Councillor; and S. 28(3)(b) amended by No. 125/1993 s. 14(e). (b) lodged a written statement with the Chief Executive Officer specifying that qualification. S. 28(4) inserted by No. 67/2008 s. 26(4). (4) Despite subsection (3), a Councillor does not go out of office if the Councillor has only failed to comply with subsection (3)(b) within the period specified in subsection (2).
(ii) any other public body or any officer of a public body; and S. 43(1)(f) amended by No. 64/2009 s. 39(b). (f) appoint any person, member of Council staff or an officer of any other public body to carry out any directions referred to in paragraph (d) or (e). (2) An Order in Council under subsection (1) cannot change the method of counting votes under this Act. Division 8—General provisions 44 Municipal electoral tribunals S. 44(1) substituted by No. 15/1992 s. 9(1). s. 44 (1) There may be established one or more municipal electoral tribunals to consider disputes which may arise from the holding of elections. S. 44(1A) inserted by No. 15/1992 s. 9(1). (1A) The Minister may determine that one municipal electoral tribunal be established for a period of up to 12 months as the Minister considers appropriate. (2) Schedule 4 has effect with respect to municipal electoral tribunals. 45 Application for an inquiry S. 45(1) amended by Nos 15/1992 s. 9(2)(a)(b), 34/1996 s. 28(2), 54/1998 s. 3(1)(d), substituted by No. 109/2003 s. 22(1). (1) Within 14 days of the declaration of the result of an election— (a) a candidate in that election who disputes the validity of the election; or (b) 10 voters who dispute the validity of the election— may apply for an inquiry into the election by a municipal electoral tribunal. S. 45(1A) inserted by No. 54/1998 s. 3(2). (1A) The application must be made in writing and must contain the details required by the regulations.
not been certified by the Chief Executive Officer under this section. 60 penalty units. S. 56 substituted by No. 109/2003 s. 27. 56 Distribution of printed electoral material S. 56(1) amended by No. 64/2009 s. 13(1). (1) A person must not during the hours of voting within 400 metres of the entrance of, or within the building used as, a voting centre— (a) hand out, distribute or otherwise make available; or (b) authorise the handing out, distribution or otherwise making available— to any person of any printed electoral material other than a registered how-to-vote card. 60 penalty units. S. 56(2) amended by No. 64/2009 s. 13(2). (2) A person must not— s. 56 (a) print, publish or distribute; or (b) cause, permit or authorise to be printed, published or distributed— a how-to-vote card which is not a registered card and which contains a representation or purported representation of an endorsement in the prescribed manner. 60 penalty units. (3) In a prosecution of a person for an alleged offence against subsection (1) or (2), it is a defence if the person proves that the person did not know, and could not reasonably be expected to have known, that the card was not a registered how-to-vote card. s. 56
is guilty of an offence and liable to a term of imprisonment not exceeding 2 years or to a fine not exceeding 240 penalty units. S. 58(4) amended by Nos 109/2003 s. 29(e), 64/2009 s. 14(6)(7). (4) A person who leaves a voting centre with a is guilty of an offence and liable to a fine not exceeding 10 penalty units. S. 58(5) inserted by No. 76/1995 s. 8(2), amended by No. 64/2009 s. 14(8)(9). (5) A person who agrees to post a postal ballot-paper on behalf of a voter and who fails to post the ballot-paper in accordance with the agreement is guilty of an offence and liable to a fine not exceeding 10 penalty units. S. 58(6) inserted by No. 76/1995 s. 8(2). (6) It is a defence to a charge under subsection (5) if the ballot-paper was received by the returning officer in time for the ballot-paper to be counted in the election. S. 58A inserted by No. 76/1995 s. 9. 58A Offence to interfere with postal ballot materials S. 58A(1) amended by No. 64/2009 s. 15. (1) A person must not interfere with any material being, or to be, sent or delivered to a voter under section 41A(2)(b). 240 penalty units or imprisonment for 2 years. (2) This does not apply to a person who is acting with the authority of the returning officer. 59 Bribery, treating and undue influence
(b) the term of office of a Councillor elected at a general election commences at 6 p.m. on the day of the general election and expires at 6 a.m. on the day appointed for the next general election. S. 68A inserted by No. 43/1993 s. 11(1). 68A Resignation of Councillor s. 68A S. 68A(1) amended by No. 125/1993 s. 14(g). (1) For the purpose of holding an election to fill the extraordinary vacancy caused by the resignation of a Councillor, a Councillor is to be taken to have resigned on the date that the resignation is delivered to the Chief Executive Officer. (2) Despite subsection (1), the Councillor continues to hold office until the date specified in his or her resignation. S. 68A(2A) inserted by No. 35/2008 s. 22(1). (2A) A Councillor may specify in his or her resignation that they will continue in office until the result of the by-election or countback is declared. S. 68A(2B) inserted by No. 35/2008 s. 22(1). (2B) A Councillor who has resigned cannot continue in office after the result of the byelection or countback is declared. S. 68A(3) amended by No. 125/1993 s. 14(g). (3) A person cannot revoke his or her resignation as a Councillor after the resignation has been delivered to the Chief Executive Officer. S. 68A(4) amended by No. 125/1993 s. 14(g). (4) Upon the resignation being delivered to the Chief Executive Officer, the Chief Executive Officer may commence the holding of an election to fill the extraordinary vacancy. S. 68A(5) repealed by No. 35/2008 s. 22(2). * * * * *
S. 71(3)(ab) inserted by No. 67/2008 s. 32(3), amended by No. 44/2011 s. 6. (ab) if under subsection (2), the Mayor is elected for a term of 2 years, the next election of Mayor is 2 years after the fourth Saturday in October but not later than 30 November in the second year after the election; or S. 71(3)(b) amended by No. 76/1995 s. 10(1)(c). (b) as soon as possible after any vacancy in the office of Mayor occurs. S. 71(4) amended by No. 76/1995 s. 10(1)(d). (4) The election of a Mayor after the period specified in this section does not invalidate the election. S. 71(5) substituted by No. 76/1995 s. 10(2), repealed by No. 5/2001 s. 30(1). * * * * * S. 71(6) substituted by No. 76/1995 s. 10(2). (6) The Mayor of a Shire Council may be titled the President. S. 71(7) substituted by No. 76/1995 s. 10(2). (7) Any reference to "Mayor" includes a reference to "Lord Mayor" or "President" as the case may be. 72 Term of office S. 72(1) amended by No. 76/1995 s. 10(3)(a). s. 72 (1) The office of Mayor becomes vacant— S. 72(1)(a) amended by No. 76/1995 s. 10(3)(a). (a) at 6 a.m. on the day of the election of the Mayor; or (b) if he or she dies or ceases to be a Councillor; or
S. 74 amended by No. 99/1994 s. 5(b), substituted by No. 76/1995, amended by Nos 76/1997 s. 14(1), 5/2001 s. 30(1), substituted by No. 109/2003 s. 55. 74 Councillor and Mayoral Allowances S. 74(1) amended by No. 44/2011 s. 7. (1) A Council must review and determine the level of the Councillor allowance and the Mayoral allowance within the period of 6 months after a general election or by the next 30 June, whichever is later. S. 74(1A) inserted by No. 67/2008 s. 5(1). (1A) A Council may review and determine the level of the Councillor allowance and the Mayoral allowance after an Order in Council is made by the Governor in Council under section 74B that varies the limits or ranges of allowances payable by the Council. S. 74(1B) inserted by No. 67/2008 s. 5(1). (1B) A Council may review and determine the level of the Councillor allowance and the Mayoral allowance after— (a) the Minister, by notice published in the Government Gazette under section 73A or 74C, has changed the category of the Council; or s. 74 (b) an Order in Council under section 74B has been made changing the category of the Council. S. 74(2) amended by No. 67/2008 s. 5(2). (2) Subject to subsection (3), the allowances determined under subsections (1), (1A) or (1B) are payable from the date of the resolution of the Council determining the levels of allowances.
(2) An Order in Council may make the same provision for all Councils or may make different provision for particular Councils or for different categories of Councils as specified in the Order in Council. S. 74B(3)(4) repealed by No. 67/2008 s. 7. * * * * * S. 74C inserted by No. 109/2003 s. 55. 74C Advisory panel s. 74C (1) The Minister may appoint a local government panel under Part 10A to advise the Minister on matters relating to Councillor allowances and Mayoral allowances. S. 74C(2) substituted by No. 67/2008 s. 8(1). (2) A Council may make a submission to the local government panel requesting the panel to consider a change of category for the Council. S. 74C(2A) inserted by No. 67/2008 s. 8(1). (2A) The Minister may request a local government panel to review the category of Council for a particular Council with respect to allowances. S. 74C(3) substituted by No. 67/2008 s. 8(2). (3) If after considering a submission under subsection (2) or a request made by the Minister under subsection (2A), the local government panel finds that the category of Council for the Council should be changed or set at a particular level with respect to allowances, the local government panel may recommend to the Minister that the change be made pursuant to the findings of the local government panel. S. 74C(4) amended by No. 67/2008 s. 8(3). (4) The Minister must give effect to a recommendation under subsection (3) by notice in the Government Gazette. S. 75 substituted by No. 67/2008 s. 9. 75 Reimbursement of expenses of Councillors (1) A Council must reimburse a Councillor for expenses if the Councillor—
(7) The Mayor or the Chairperson of the special committee must cause the Councillor or member of a special committee to be notified that he or she may return to the room after— s. 79B (a) consideration of the matter; and (b) all votes on the matter. (8) If a Councillor or member of a special committee discloses a conflict of interest, the Chief Executive Officer or the Chairperson must record in the minutes of the meeting— (a) the declaration of the conflict of interest; and (b) the classification of the interest that has given rise to the conflict, and if the Councillor or member has disclosed the nature of the interest to the meeting, the nature of the interest. S. 79(9) amended by No. 64/2009 s. 22. (9) Unless section 80 applies, a Councillor or member of a special committee who fails to comply with this section is guilty of an offence and liable to a fine not exceeding 120 penalty units. S. 79A inserted by No. 67/2008 s. 22, repealed by No. 58/2010 s. 15. * * * * * S. 79B inserted by No. 67/2008 s. 22. 79B Conflicting personal interest (1) This section does not apply to a Councillor or member of a special committee who has a conflict of interest in the matter. (2) If a Councillor or a member of a special committee considers that he or she has a personal interest in relation to a matter that is in conflict with his or her public duty in relation to the matter, the Councillor or member may,
S. 80A inserted by No. 67/2008 s. 24. 80A Requirements to be observed by an assembly of Councillors s. 80A (1) At an assembly of Councillors, the Chief Executive Officer must ensure that a written record is kept of— (a) the names of all Councillors and members of Council staff attending; (b) the matters considered; S. 80A(1)(c) amended by No. 58/2010 s. 17(1)(a). (c) any conflict of interest disclosures made by a Councillor attending under subsection (3); S. 80A(1)(d) inserted by No. 58/2010 s. 17(1)(b). (d) whether a Councillor who has disclosed a conflict of interest as required by subsection (3) leaves the assembly. S. 80A(2) substituted by No. 58/2010 s. 17(2). (2) The Chief Executive Officer must ensure that the written record of an assembly of Councillors is, as soon as practicable— (a) reported at an ordinary meeting of the Council; and (b) incorporated in the minutes of that Council meeting. S. 80A(3) amended by Nos 64/2009 s. 23, 58/2010 s. 17(3). (3) If a Councillor attending an assembly of Councillors knows, or would reasonably be expected to know, that a matter being considered by the assembly is a matter that, were the matter to be considered and decided by Council, the Councillor would have to disclose a conflict of interest under section 79, the Councillor must, at the time set out in subsection (4), disclose to the assembly that he or she has a conflict of interest and leave the assembly whilst the matter is being considered by the assembly. 120 penalty units.
S. 81R inserted by No. 67/2008 s. 18. 81R Time period for making application to VCAT An application for review under section 81Q must be made within 28 days of the Councillor Conduct Panel giving a statement of reasons under section 81M. S. 81S inserted by No. 67/2008 s. 18. 81S Councillor Conduct Panels Schedule 5 has effect with respect to the establishment of Councillor Conduct Panels. Division 2—Procedure and proceedings 82 Council premises and office s. 81R (1) The Council must maintain premises that are adequate for the Council to perform its functions. (2) A Council must establish and maintain a Council office. (3) The Council office must be open on the days and during the times determined by the Council. S. 82A inserted by No. 67/2008 s. 34. 82A Council must maintain an Internet website (1) A Council must maintain an Internet website. (2) The Council must ensure that— (a) any public notice required to be given by the Council is published on the Internet website; (b) a copy of each local law made by the Council and in force is available on the Internet website— (i) from the date the local law comes into operation; and (ii) in a consolidated and up-to-date form; (c) a list of documents of the Council that the Council is required to make available for public inspection under this Act, and how a member of the public can examine each
S. 94D inserted by No. 109/2003 s. 67. 94D Duty of Chief Executive Officer The Chief Executive Officer must give Council staff an opportunity to apply for any vacant permanent full-time Council staff position that the Chief Executive Officer intends to fill. S. 95 amended by No. 27/1997 s. 5(1), substituted by No. 109/2003 s. 67. 95 Conduct principles s. 94D (1) Council staff must in the course of their employment— (a) act impartially; S. 95(1)(b) amended by No. 67/2008 s. 45. (b) act with integrity including avoiding conflicts of interest; (c) accept accountability for results; (d) provide responsive service. (2) Nothing in subsection (1)(c) affects the granting of an indemnity to a member of Council staff in respect of any liability or limits the effect of— (a) any such indemnity, whether granted before or after the commencement of section 67 of the Local Government (Democratic Reform) Act 2003; or (b) any immunity conferred on a member of Council staff by or under any Act, whether before or after that commencement. S. 95AA inserted by No. 67/2008 s. 46. 95AA Code of conduct for Council staff (1) A Chief Executive Officer must develop and implement a code of conduct for Council staff. (2) A code of conduct for Council staff must include any matters which are prescribed for the purposes of this section.
(3) The Chief Executive Officer must ensure that members of Council staff have access to the code of conduct for Council staff. S. 95A inserted by No. 125/1993 s. 7(1). 95A Employment of senior officers to be regulated by contract s. 95A S. 95A(1) amended by No. 27/1997 s. 5(2)(a). (1) A senior officer may only be employed under a contract. (2) The contract must— (a) specify performance criteria for the purpose of reviews of the senior officer's performance; and S. 95A(2)(b) amended by Nos 99/1994 s. 11(1), 67/2008 s. 47. (b) specify the date on which it expires, which must be a date that is not more than 5 years after the date on which it commences; and (c) include any other matter that is required by the regulations. S. 95A(3) substituted by No. 27/1997 s. 5(3). (3) On the expiry of a senior officer's contract, the senior officer may be invited to enter into a new contract. S. 95A(3A) inserted by No. 99/1994 s. 11(2), amended by No. 27/1997 s. 5(2)(b), repealed by No. 23/2000 s. 3(3). * * * * * S. 95A(4) substituted by No. 27/1997 s. 5(4). (4) Any contract of employment between— (a) a Council and a Chief Executive Officer; or
(12) After the Council has received a copy of the report of the auditor under section 9 of the Audit Act 1994, the Council must— (a) give public notice that the Council has received the copy and that the copy can be inspected at the Council office; (b) ensure that the copy is available for public inspection at any time that the Council office is open to the public. S. 132 substituted by No. 109/2003 s. 71. 132 Performance statement s. 132 (1) As soon as is reasonably practicable after the end of each financial year, a Council must prepare a performance statement. (2) The performance statement must include— (a) the Key Strategic Activities and performance targets and measures specified in the budget under section 127 for that financial year; (b) the actual results achieved for that financial year having regard to those performance targets and measures. S. 132(3) repealed by No. 67/2008 s. 52. * * * * * (4) The statement must— (a) be in the form; and (b) contain the details— required by the regulations. (5) The Council must submit the statement to its auditor as soon as possible after the statement has been prepared.
S. 158(3A) inserted by No. 13/1990 s. 18. (3A) At the written request of the person liable to pay rates or charges, the Council may send the notice to a person specified in the written request. S. 158(4) amended by No. 13/1990 s. 31(g), substituted by No. 22/1992 s. 15(a). (4) The notice must— (a) contain the prescribed information; and S. 158(4)(b) substituted by No. 27/1997 s. 9(1). (b) state— s. 158 S. 158(4)(b)(i) amended by No. 109/2003 s. 78(1). (i) in the case of general rates, municipal charges, service rates and service charges, the dates when the instalments of the rates or charges are due, and, if those rates and charges may be paid in a lump sum, the date when that lump sum is due; or (ii) in any other case, when the rates or charges are due; and S. 158(4)(c) substituted by No. 27/1997 s. 9(1). (c) specify any other options for payment determined by the Council; and (d) be issued at least 14 days before the date on which the first payment of the rates or charges is due. S. 158(4A) inserted by No. 22/1992 s. 15(a), substituted by No. 27/1997 s. 9(2), amended by No. 109/2003 s. 78(2). (4A) If general rates, municipal charges, service rates or service charges— (a) are not payable in a lump sum; or (b) are payable in a lump sum but the first instalment is paid— the Council must send a notice that contains the information set out in subsections (4)(b) and (4)(c)
S. 163(2C) inserted by No. 109/2003 s. 81(1). (2C) The Minister may make guidelines for the purposes of subsections (2), (2A) and (2B). S. 163(2D) inserted by No. 109/2003 s. 81(1). (2D) Guidelines made under subsection (2C) must be published in the Government Gazette. S. 163(3) amended by No. 109/2003 s. 81(2). (3) The Council must specify in the declaration— (a) the wards, groups, uses or areas for which the special rate or special charge is declared; and S. 163(3)(ab) inserted by No. 109/2003 s. 81(3). (ab) a description of the function to be performed or the power to be exercised; and S. 163(3)(ac) inserted by No. 109/2003 s. 81(3). (ac) the total cost of the performance of the function or the exercise of the power; and S. 163(3)(ad) inserted by No. 109/2003 s. 81(3). (ad) the total amount of the special rates and special charges to be levied; and (b) the land in relation to which the special rate or special charge is declared; and s. 163 (c) the manner in which the special rate or special charge will be assessed and levied; and (d) details of the period for which the special rate or special charge remains in force. (4) A Council may levy a special rate or special charge by sending a notice to the person who is liable to pay it. (5) The notice must contain— (a) the prescribed information; and
(a) to accept any devise of real property or any donation, gift or bequest; and (b) to agree to carry out any lawful condition to the devise, donation, gift or bequest. 189 Restriction on power to sell land (1) Except where section 181 or 191 applies, if a Council sells or exchanges any land it must comply with this section. (2) Before selling or exchanging the land the Council must— (a) ensure that public notice of intention to do so is given at least 4 weeks prior to selling or exchanging the land; and S. 189(2)(b) amended by Nos 91/1994 s. 36(6), 94/2009 s. 31(2). (b) obtain from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960 a valuation of the land which is made not more than 6 months prior to the sale or exchange. (3) A person has a right to make a submission under section 223 on the proposed sale or exchange. S. 189(4) inserted by No. 125/1993 s. 23, amended by No. 67/2008 s. 68. (4) Subsection (3) does not apply to the sale of land that formed part of a road that has been discontinued and which the Council has resolved to sell as the result of a Council exercising its powers under clause 3 of Schedule 10. 190 Restriction on power to lease land s. 189 (1) A Council's power to lease any land to any person is limited to leases for a term of 50 years or less. (2) Subject to any other Act, if a Council leases any land to any person subject to any exceptions,
(b) to report in writing to the Minister on those matters— and may at any time revoke that person's appointment. (2) The Commissioner— (a) is to be appointed for the period specified in the instrument of appointment; and (b) is eligible for re-appointment; and (c) may resign by a written notice of resignation addressed to the Minister; and S. 209(2)(d) amended by Nos 76/1997 s. 24(b), 46/1998 s 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 117.1). (d) if the Commissioner is not employed under the Public Administration Act 2004 or by any Council, is entitled to be paid the remuneration and allowances which are fixed by the Minister. S. 209(3) amended by No. 46/1998 s. 7(Sch. 1). (3) The Commissioner, with the approval of the Minister, may make use of the services of any employees in the Public Service. 210 Protection of Commissioner s. 210 A Commissioner, in the exercise of the Commissioner's functions, powers or duties under this Act, has the same protection and immunity as a judge of the Supreme Court. 211 Rules of evidence do not apply A Commissioner— (a) must thoroughly investigate the matters into which the Commissioner is appointed to inquire; and
S. 219C(1)(c) amended by No. 58/2010 s. 26(1)(c). (c) in respect of a particular Council, at any other time specified by the Minister by a notice published in the Government Gazette. S. 219C(2) repealed by No. 58/2010 s. 26(2). * * * * * S. 219C(3) amended by No. 58/2010 s. 26(3)(a). (3) A notice published under subsection (1)(c) may specify— (a) the earliest date that the review may commence; and S. 219C(3)(b) repealed by No. 58/2010 s. 26(3)(b). * * * * * (c) the date by which the final report must be submitted to the Minister. S. 219C(4) inserted by No. 58/2010 s. 26(4). (4) The Minister must give notice that a review be conducted in respect of a particular Council under subsection (1)(c) if— (a) a subdivision review (within the meaning of Division 3) has been conducted under section 219N since the last electoral representation review for the Council; and (b) the Minister has subsequently received written notification from the Victorian Electoral Commission under section 219J; and (c) a review is not required under subsection (1)(b) before the next general election. S. 219C(5) inserted by No. 58/2010 s. 26(4). (5) The reviewer must notify the Council and the Minister in writing, at least 60 days before a review is to commence, of the date that the review will commence.
(a) consider any written submissions received under subsection (7); and (b) arrange for any person who has so requested, to be heard in person; and (c) after complying with paragraphs (a) and (b), prepare a final report. S. 219F(10) amended by No. 44/2011 s. 8(1). (10) Subject to subsection (10A), the reviewer must, not later than 6 months before the general election in respect of which the review is to be implemented, submit a copy of the final report to the Council and the Minister. S. 219F(10A) inserted by No. 44/2011 s. 8(2). (10A) In respect of a review which is to be implemented for the 2012 general election, the reviewer must, not later than 5 months before the 2012 general election, submit a copy of the final report to the Council and the Minister. (11) The Council must ensure that— (a) the final report is available for inspection at the office of the Council during normal office hours for the period of at least 3 months after the report is received; (b) a copy of the final report can be obtained upon payment of the prescribed fee from the office of the Council during normal office hours. S. 219G inserted by No. 109/2003 s. 32. 219G Implementation of review (1) The Minister may recommend to the Governor in Council the making of such orders under section 220Q as are necessary to implement the final report. (2) An order referred to in subsection (1) may provide that the changes are to have effect for the purposes of the next general election.
Pt 10B (Heading and ss inserted by No. 43/1993 s. 3, amended by No. 125/1993 s. 14(l), substituted as Pt 10B (Heading and ss 220F–220I) by No. 27/1997 s. 21. S. 220F substituted by No. 27/1997 s. 21. 220F Terms of review must be publicised s. 220F (1) This section applies if the Minister establishes a local government panel to conduct a review of any matter relating to local government restructuring. (2) The Minister must publish a notice in a newspaper generally circulating in any relevant municipal district or neighbourhood of the terms of reference of the review. S. 220G substituted by No. 27/1997 s. 21. 220G Conduct of the review A local government panel may conduct a review of any matter relating to local government restructuring in any way it thinks appropriate and may have regard to any matter that it considers to be relevant. S. 220H substituted by No. 27/1997 s. 21. 220H Legal proceedings excluded No proceedings— (a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or an injunction; or
(3) The document may be put up on a conspicuous position on the land if the name and address of the owner are not known and there is no occupier of the land. (4) If a document required to be served on or given to an owner or occupier of any land by a Council is properly served on or given to the owner or occupier of the land the document is binding on every subsequent owner or occupier of the land. 235 Evidence of service s. 235 A statutory declaration by a person who has served or given a document in accordance with this Act stating the manner, place, date and time the document was served or given is evidence of the document having been served or given. 236 Power of delegation (1) The Minister may by instrument of delegation delegate to an officer or employee of the Department any power, duty or function of the Minister other than this power of delegation. S. 236(2) amended by Nos 46/1998 s. 7(Sch. 1), 109/2003 s. 93(c), 67/2008 s. 80. (2) The Secretary may by instrument of delegation delegate to an officer or employee of the Department any power, duty or function of the Secretary other than this power of delegation. 237 Council records and information S. 237(1) amended by Nos 46/1998 s. 7(Sch. 1), 109/2003 s. 93(c), 67/2008 s. 81. (1) If a member of the police force is investigating any matter relating to a Council and it appears to the Secretary that he or she should have access to Council records the Secretary may in writing authorise the inspection of the records. (2) If any money is provided to a Council by the State or a Minister or government department, the Minister administering this Act may require the Council to provide the other Minister with any
information relating to the expenditure or use of that money. (3) Any person who refuses to permit the inspection of the records under subsection (1) or to provide information required by the Minister is guilty of an offence. 10 penalty units. S. 238 amended by No. 64/2009 s. 32. 238 Obstructing Council s. 238 Any person who obstructs a Council or a member of Council staff in the performance of anything the Council or the member is empowered to do by any Act, regulation or local law is guilty of an offence and liable to a fine not exceeding 60 penalty units. S. 238A inserted by No. 35/2008 s. 25, amended by No. 64/2009 s. 33. 238A False written declaration A person who is required to make a written declaration by or under this Act or the regulations as a candidate, scrutineer or voter or as a person submitting a how-to-vote card must not knowingly make a declaration which is false. 120 penalty units 239 Persons who are liable for offences (1) A person who aids, abets, counsels or procures or is in any way knowingly concerned in the commission of an offence against this Act or any regulation or local law made under this Act is guilty of that offence and liable to the penalty for that offence. (2) If 2 or more persons are responsible for the same offence against this Act or any regulation or local law made under this Act each of those persons is liable to the penalty provided for that offence and the liability of each of them is independent of the liability of any other person.
S. 242(2) inserted by No. 78/1991 s. 12(b), amended by No. 125/1993 s. 14(o). (2) A certificate certifying any matter relating to the contents of any document kept by a Council and purporting to be signed by the Chief Executive Officer is admissible in any proceedings as evidence of the matters appearing in the certificate. S. 242(3) inserted by No. 78/1991 s. 12(b). (3) All courts, judges and people acting judicially must take judicial notice of such a signature and must presume that the certificate was properly signed until the contrary is proved. S. 242A inserted by No. 50/1998 s. 51, repealed by No. 67/2008 s. 83. * * * * * 243 Regulations s. 243 (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act including, but not limited to, the matters and things specified in Schedule 12. (2) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which it is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or
effect to in the voter's order of preference in respect of the remaining candidates. 7 Withdrawal of nomination Sch. 2 cl. 7(1) amended by Nos 76/1995 s. 13(a), 54/1998 s. 13(1), 109/2003 s. 23(a), 35/2008 s. 26(1)(2). Sch. 2 (1) A candidate may withdraw a nomination before 12 noon on the 32nd day before election day. Sch. 2 cl. 7(2) substituted by No. 54/1998 s. 3(1)(g). (2) A notice of withdrawal must contain the details required by the regulations and must be signed by the candidate. Sch. 2 cl. 7(3) amended by No. 109/2003 s. 23(c). (3) The returning officer must keep the nomination form. Sch. 2 cl. 7(4) substituted by No. 109/2003 s. 34(3). (4) The returning officer must retain the nomination fee paid by a candidate who withdraws their nomination under this clause. Sch. 2 cl. 8 repealed by No. 15/1992 s. 17(a), new Sch. 2 cl. 8 inserted by No. 43/1993 s. 17. 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. Sch. 2 cl. 8(1A) inserted by No. 76/1995 s. 14(a). (1A) A candidate may retire before the day of an election if the retirement will result in an uncontested election. Sch. 2 cl. 8(2) amended by No. 76/1995 s. 14(b)(i). (2) To retire in any other circumstance, a candidate must obtain an order from the Magistrates' Court that one of the following applies to the candidate— Sch. 2 (a) he or she is not qualified to be a candidate as required by section 28(1);
Sch. 3 cl. 2(2A) inserted by No. 54/1998 s. 16. (2A) The voter may also request— (a) a person nominated by the voter; or (b) an authorised person— to complete any certificate or declaration that must accompany a postal vote or to sign such a certificate or declaration on the voter's behalf. Sch. 3 cl. 2(3) amended by Nos 76/1995 s. 16(3)(a), 109/2003 s. 29(i). (3) If the voter makes the request at a voting centre, an authorised person must be present when the ballot-paper is marked and at the request of the voter may inspect the ballot-paper before it is placed in the ballot-box. Sch. 3 (4) The voter may indicate the manner in which he or she wants to mark his or her vote by presenting a statement in writing. Sch. 3 cl. 2(5) amended by Nos 76/1995 s. 16(3)(b), 34/1996 s. 33(g), 29/2006 s. 3(Sch. 1 item 18). (5) If subclause (3) applies, the person assisting the voter must without allowing the manner in which the ballot-paper has been marked to be disclosed, deposit it in the ballot-box and leave the voting centre. Sch. 3 cls 3, 4 repealed by No. 76/1995 s. 16(4). * * * * * 2—GENERAL PROVISIONS 5 Place where votes to be counted Sch. 3 cl. 5(1) amended by No. 15/1992 s. 22, repealed by No. 76/1995 s. 16(4). * * * * * (2) The returning officer must advise each candidate before election day where the count is to be made.
Sch. 3 cl. 13(4) substituted by No. 109/2003 s. 42(2). (4) In respect of each candidate only one scrutineer for each authorised person involved in the recounting of ballot-papers can be present at any one time. Sch. 3 (5) Clause 15 of Schedule 2 applies to the scrutineers as if they had been appointed under that clause. Sch. 3 cl. 14 amended by No. 76/1995 s. 16(4), substituted by No. 109/2003 s. 43. 14 Report on election by returning officer Sch. 3 cl. 14(1) substituted by No. 35/2008 s. 30(1). (1) The returning officer must prepare a report to the Chief Executive Officer on the conduct of the election within the period of 3 months after election day. (2) The report must include a certified record of the number of ballot-papers and declarations printed, issued, used, spoiled and returned. Sch. 3 cl. 14(3) substituted by No. 35/2008 s. 30(2). (3) The Chief Executive Officer must ensure that the report is submitted to the Council at the earliest practicable meeting of the Council held after the report is received by the Chief Executive Officer. Sch. 3 cl. 15 amended by No. 125/1993 s. 14(q), substituted by No. 109/2003 s. 44. 15 Ballot material and records to be secured and stored All ballot material and records in respect of an election must be dealt with, kept and stored in accordance with the regulations. 6—PROVISIONS RELATING TO OF Sch. 3 cl. 16 amended by No. 76/1997 s. 12(3)(a), repealed by No. 35/2008 s. 31. * * * * *
6 Enabling the use of electronic equipment for elections and the counting of votes. Sch. 12 cl. 7 amended by No. 109/2003 s. 29(k). 7 Providing for mobile voting centres. Sch. 12 cl. 8 amended by No. 15/1992 s. 24(2), substituted by No. 109/2003 s. 28(4). 8 Providing for any matter relating to the approval and registration of how-to-vote cards, including prescribing a right to apply to the Victorian Civil and Administrative Tribunal for a review of specified decisions. 9 Prescribing the matters in respect of which a Council must keep accounts and records. Sch. 12 10 Prescribing the manner and form in which the accounts and records must be kept. 11 Prescribing the entries to be made in accounts and records. Sch. 12 cl. 11A inserted by No. 40/1994 s. 7(a), repealed by No. 59/1999 s. 5(d). * * * * * Sch. 12 cl. 11B inserted by No. 99/1994 s. 23. 11B Prescribing how the cost of a benefit, allowance or item of remuneration is to be calculated for the purposes of the definition of total remuneration in section 3(1). 12 Providing for the establishment of loan funds, reserve funds and other prescribed funds. 13 Providing for the handling or disposal of unclaimed money. 14 Providing for the dismissal or the reduction in status of members of Council staff. 15 Prescribing rights of appeal against dismissal or reduction in status.