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