Version No. 131

Local Government Act 1989

No. 11 of 1989

Version incorporating amendments as at
1 March 2015

table of provisions

Section Page

xv

Section Page

Part 1—Preliminary 1

1 Preamble 1

1A Interpretation of Act 2

2 Commencement 3

3 Definitions 3

3AA Transport Integration Act 2010 20

3AB Filming Approval Act 2014 20

Part 1A—Local government charter 21

3A What is the purpose of local government? 21

3B How is a Council constituted? 21

3C Objectives of a Council 21

3D What is the role of a Council? 22

3E What are the functions of a Council? 23

3F What are the powers of Councils? 23

Part 2—The Council 25

4 Types of Councils 25

5 The Council 25

5A Council may be referred to by standardised name 26

5B Constitution of Council 27

9 Resolution of disputes 27

Part 3—Elections 29

Division 1—Voters 29

11 Entitlements relating to enrolment 29

12 Residents entitled to be enrolled without application 31

13 Owner ratepayers entitled to be enrolled without application 31

14 Owner ratepayers may apply for enrolment 33

15 Occupier ratepayers may apply to be enrolled 34

16 Provisions relating to corporations 36

17 Provisions relating to appointments and enrolments 38

20 Request that address not be shown 39

Division 2—Voters' rolls 40

21 Victorian Electoral Commission to prepare voters' list of residents 40

22 Chief Executive Officer to prepare voters' list of ratepayers 41

23 Registrar to prepare exhibition roll 42

23A Public notification and exhibition 42

24 Preparation of voters' rolls 45

24A Amendment of voters' roll 47

24B Inspection of voters' roll 48

24C Provision of voters' rolls 48

25 Validity of voters' rolls 51

26 Victorian Electoral Commission's expenses 51

27 Offences relating to voters' rolls 51

Division 3—Qualification of Councillors 52

28 Qualification to be a Councillor 52

28A Disqualification to be a Councillor due to conflicting duties 53

28B Transitional provision 55

29 Disqualifications 55

30 Relief from disqualification 58

Division 4—Holding of general elections 59

31 General elections 59

Division 6—Extraordinary vacancies 61

37 Extraordinary vacancy within 6 months before a general election 61

37A Extraordinary vacancies—Councillors elected under Schedule3 (Part 4A) or 3A 61

38 By-elections 62

Division 7—Conduct of elections and polls of voters 65

39 One vote per person 65

40 Voting is compulsory 65

41 Holding of an election 67

41A Election or poll by postal voting 68

42 Voting and counting of votes and polls of voters 69

43 Governor in Council may give directions 69

Division 8—General provisions 70

44 Municipal electoral tribunals 70

45 Application for an inquiry 71

46 Powers of a municipal electoral tribunal 71

47 Report to the Minister 72

48 Decision of municipal electoral tribunal 73

49 Reasons for decision 73

50 Scrutiny of voters' roll 74

51 Validity of election or poll 74

52 Unlawful nomination 74

53 Prohibition of canvassing near voting centre 75

54 Interfering with rights 76

55 Printing and publication of electoral advertisements, handbills, pamphlets or notices 77

55A Misleading or deceptive matter 78

55B Heading to electoral advertisements 79

55C Authors to be identified 79

55D Prohibition on Council 80

56 Distribution of printed electoral material 81

56A Power to request handing over of how-to-vote cards 83

57A Injunction 83

58 Offences relating to ballot-papers 85

58A Offence to interfere with postal ballot materials 86

59 Bribery, treating and undue influence 87

60 Infringement of secrecy 88

61 Penalty on officers 89

Division 9—Election campaign donations 90

62 Return by candidate 90

62A Responsibilities of Chief Executive Officer 92

62B Certain gifts not to be accepted 93

Part 4—Council administration 96

Division 1—The Mayor and other Councillors 96

63 Oath of office 96

64 Failure to take oath of office 97

66 Penalty for acting as Councillor if incapable 97

66AA Order for return of allowances or entitlements 97

66AB Offences committed by person acting as Councillor 97

66A Suspension of Councillor 98

66B Leave of absence of Councillor 98

67 Ouster from office 99

68 Retirement of Councillors 99

68A Resignation of Councillor 100

69 Extraordinary vacancies 101

69A Multiple extraordinary vacancies 101

70 Candidate for election 103

71 Election of Mayor 104

72 Term of office 105

73 Precedence of Mayor 106

73A Review of allowance categories 107

73B Review of allowance limits and ranges 108

74 Councillor and Mayoral Allowances 109

74A General provisions relating to allowances 110

74B Allowance Orders 111

74C Advisory panel 112

75 Reimbursement of expenses of Councillors 113

75A Reimbursement of expenses of members of council committees 113

75B Councillor reimbursement policy 113

75C Resources and facilities for Councillors 114

76 Indemnity provision 114

76A Council must take out insurance cover 114

Division 1A—Conduct and interests 115

76AA Definitions 115

76B Primary principle of Councillor conduct 116

76BA General Councillor conduct principles 116

76C Councillor Code of Conduct 117

76D Misuse of position 119

76E Improper direction and improper influence 120

77 Confidential information 121

77A Direct and indirect interests 122

77B Direct interest 124

78 Indirect interest by close association 125

78A Indirect interest that is an indirect financial interest 127

78B Indirect interest because of conflicting duties 128

78C Indirect interest because of receipt of an applicable gift 129

78D Indirect interest as a consequence of becoming an interested party 130

78E Indirect interest because of impact on residential amenity 130

79 Disclosure of conflict of interest 131

79B Conflicting personal interest 134

79C Certain situations where Councillor taken to not have a conflict of interest 134

79D Person may make submission despite conflict of interest 137

80 Exemption by Minister 137

80A Requirements to be observed by an assembly of Councillors 138

80B Members of Council staff to disclose conflicts of interest in respect of delegated functions 140

80C Persons to disclose interests to Council when providing advice 141

81 Register of interests 142

Division 1B—Councillor Conduct Panels 148

81A Definitions 148

81B Application to Councillor Conduct Panel 150

81C Dismissal of application 151

81D Referral to VCAT 152

81E Application on grounds of gross misconduct 152

81F Parties to a VCAT proceeding 153

81G Notice of a Councillor Conduct Panel 153

81H Procedures 153

81I Conduct of a Councillor Conduct Panel 154

81J Determinations by a Councillor Conduct Panel 155

81K Findings and orders by VCAT 156

81L Referral by VCAT to Councillor Conduct Panel 158

81M Notice of determinations and tabling of decisions 159

81N Suspension of matters during election period 159

81O Breach of Act by Councillor 160

81P Investigation by inspector of municipal administration 160

81Q Review by VCAT 161

81R Time period for making application to VCAT 162

81S Councillor Conduct Panels 162

Division 2—Procedure and proceedings 162

82 Council premises and office 162

82A Council must maintain an Internet website 162

83 Types of meetings 163

84 Special meetings 164

84A First meeting after a general election 164

85 Call of the Council 165

86 Special committees of the Council 166

87 Special committee meetings 167

89 Meetings to be open to the public 168

90 Voting 169

91 Conduct of meetings 170

92 Validity of proceedings 171

93 Minutes of meetings 171

93A Conduct of Council during election period 172

Division 3—Council staff 173

94 The Chief Executive Officer 173

94A Functions of the Chief Executive Officer 176

94AB Transitional provision relating to senior officers 177

94B Restrictions concerning the appointment of senior officers 178

94C Employment principles 178

94D Duty of Chief Executive Officer 179

95 Conduct principles 179

95AA Code of conduct for Council staff 179

95A Employment of senior officers to be regulated by contract 180

95B Powers of the Minister concerning the employment of senior officers 181

95C Validity of decisions 182

96 Equal Employment Opportunity 182

97A Performance of senior officers to be assessed annually 183

97B Definition of senior officer remuneration threshold 183

98 Delegations 184

101 Long service leave 185

102 Restriction concerning the employment of excouncillors 186

Division 4—Complaints 186

103 Purpose of this Division 186

104 Definitions 186

105 Chief Executive Officer must advise of complaint 188

106 Request to appoint a probity auditor 188

107 Secretary may appoint a probity auditor 188

108 Duties and powers of probity auditor 189

109 Report by probity auditor 190

110 Provisions applying to probity auditor 190

Part 5—Local Laws 192

111 Power to make local laws 192

111A Guidelines 193

112 Incorporation by reference 193

113 Permits, licences, fees and charges 194

114 Delegations 195

115 Penalties 196

116 Application of local law 196

117 Infringement notices 197

118 Local law is a subordinate instrument 198

119 Procedure for making a local law 198

120 Availability of local laws 199

121 Commencement of local laws 200

122 Sunset provision 201

123 Revocation by Governor in Council 201

124 Validity of local law 202

Part 6—Planning and accountability reports 203

125 Council Plan 203

126 Strategic Resource Plan 205

127 Council must prepare a budget 207

128 Revised budget 208

129 Public notice 208

130 Adoption of budget or revised budget 209

131 Annual report—contents 210

132 Annual report—preparation 213

133 Annual report—submission to Minister and public availability 214

134 Meeting to consider annual report 215

135 Minister may direct Council to submit financial statements 215

Part 7—Financial management 217

136 Principles of sound financial management 217

137 Budgeting and reporting framework 218

138 Quarterly statements 218

139 Audit committee 219

140 Accounts and records 219

141 Payments 220

142 Power to defer or waive payments 221

143 Investments 222

144 Power to borrow 222

145 Circumstances in which power to borrow may be exercised 223

146 Budget or revised budget must include proposed borrowings 223

147 Use of loan for different purpose 224

148 Borrowings to be secured 224

149 Provisions with respect to securities 224

150 Overdrafts 224

Part 8—Rates and charges on rateable land 226

Division 1—Declaration of rates and charges 226

154 What land is rateable? 226

155 What rates and charges may a Council declare? 228

156 Liability to pay rates and charges 229

157 Which systems of valuing land may a Council use? 230

158 Declaring rates and charges 230

158A Rates and charges to be levied on each occupancy 232

159 Municipal charge 233

160 Uniform rate 234

161 Differential rates 235

161A Limited differential rates 237

162 Service rate and service charge 237

163 Special rate and special charge 238

163A Submissions concerning special rates and charges 242

163B Objection process relating to certain special rates and charges 242

164 Discontinuance of the works and projects for a special rate or special charge 244

165 Receipt of excess money 244

166 Variation of special rate or special charge 245

Division 2—Payment of rates and charges 246

167 Payment of rates and charges 246

168 Incentives for prompt payment 247

169 Rebates and concessions 248

170 Deferred payment 249

171 Waiver 250

171A Waiver by application—financial hardship 253

172 Council may charge interest on unpaid rates and charges 254

173 Land becoming or ceasing to be rateable land 256

174A Land which ceases to be urban farm land or residential use land 257

175 Person acquiring rateable land 257

177 Council may require occupier to pay rent 259

178 Occupier who pays rates or charges 260

179 Invalidity of any rate or charge 260

180 Unpaid rate or charge 260

181 Council may sell land to recover unpaid rates or charges 261

Division 3—Reviews and appeals 265

183 Review of differential rating by VCAT 265

184 Appeal to County Court 266

185 Application to VCAT 267

185AA Application for declaration 268

185AB Matters VCAT must take into account 269

Part 8A—Minister may limit income from rates and charges 270

185A Definition 270

185B Minister may give directions concerning rates and charges 270

185C Councils must comply with Minister's direction 272

Part 9—Specific functions, powers and restrictions 274

Division 1—General provisions 274

186 Restriction on power to enter into contracts 274

186A Procurement policy 276

187 Acquisition and compensation 277

187A Creation of easements 277

188 Power to accept gifts 277

189 Restriction on power to sell land 278

190 Restriction on power to lease land 278

191 Transfer, exchange or lease of land without consideration 279

192 Use of land for another purpose 280

193 Entrepreneurial powers 280

194 Power to compound 285

195 Assistance to a member of Council staff 285

196 Regional libraries 285

197 Submissions on regional library agreements 289

197A Restrictions on the power of a regional library to borrow 289

197B Restriction on power of regional library to delegate its powers 289

197D Library Plan 290

197E Attendance at meetings of the governing body of a regional library 291

197F Restriction on power to make local laws 291

197G Winding up of regional libraries 291

198 Sewers and drains vested in the Council 293

199 Concentration or diversion of drainage 293

200 Drainage of land 293

201 Approved schemes 294

Division 2—Provisions relating to transport 294

203 Transport plan 294

203A Transport services 295

204 Council may declare a road to be a public highway or to be open to the public 295

205 Councils to have the care and management of certain roads 295

206 Power of Councils over roads 296

207 Powers of Councils over traffic 296

207A Submissions under section 223 296

207B Certain land used, or to be used, for roads to vest in Council 297

207C Sewers, pipes, wires etc. of public authorities not affected 298

207D Registration of titles of land affected by action concerning roads 298

207E Alterations to titles if land exchanged 300

208 Transport Integration Act 2010, Transport (Compliance and Miscellaneous) Act1983, Road Management Act2004 and Road Safety Act1986 301

208AA Heavy Vehicle National Law (Victoria) 302

Division 3—Best value principles 302