Local Government Act 2020

The following provisions of this Act come into operation on a day to be proclaimed but if they do not come into operation before 1 July 2020, they come into operation on that day—

this Part;

Division 1 of Part 2 (except section 11);

Division 2 of Part 2;

Division 6 of Part 2 (except sections 40 to 43);

Division 1 of Part 3 (except sections 55 and 57);

Division 4 of Part 3;

sections 89, 101 and 106;

Divisions 6 and 9 of Part 7;

Part 8;

sections 325, 326 and 327;

sections 328 and 329(1) to (6);

Divisions 1 and 2 of Part 11:

sections 358, 359, 363 and 364;

Divisions 4, 5, 6 and 7 of Part 11;

heading to Schedule 1 and Schedule 1 items 1.1, 3, 4, 5, 7, 8.1, 9, 10, 11, 12, 13.1, 13.2, 13.3, 14, 15, 16, 17, 19, 20.1, 21.1, 21.3, 21.4, 22, 23.3, 24, 26, 27, 28.1, 29, 30.1, 31, 32, 33, 34, 35, 36, 37, 38, 39.1(a), 39.2, 40.1, 40.2, 40.7(a), 41, 42, 43.1, 44.1, 45, 45A, 46, 47.1, 47.2, 48, 49, 50, 51, 52, 53, 54.1, 55, 56.1(a), 56.2, 59, 60, 61, 62, 63, 63A, 64, 65, 67, 68, 69.1, 69.5, 70A, 71, 72, 74, 75.1, 75.5, 76, 77.2, 77.3, 77.4, 77.7, 77.8, 77.9, 78, 79, 80, 81.1, 82.1, 82.2, 83, 84, 85, 86, 87, 88, 89, 90.2, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 102, 104, 105, 106, 107, 108, 110, 111, 112, 113.2, 113.3, 113.4, 113.5, 114, 115.

The following provisions of this Act come into operation on a day to be proclaimed but if they do not come into operation before 1 July 2020, they come into operation on that day—

section 11;

sections 40 to 43;

section 47;

section 52;

Division 8 of Part 2;

sections 55 and 57;

Division 2 of Part 3;

Part 9 (except sections 325 to 327);

section 360;

Schedule 1 items 8.7, 13.4, 18.1, 40.3, 40.5, 44.3, 47.3, 47.4, 70.1, 82.6.

The following provisions of this Act come into operation on a day to be proclaimed but if they do not come into operation before 24 October 2020, they come into operation on that day—

Divisions 3, 4 and 5 of Part 2;

Divisions 1 (except section 89), 2 and 3 of Part 4;

Part 6;

Divisions 1, 2, 3, 4, 5, 7 and 8 of Part 7;

sections 329(7) to (9) and 361;

Schedule 1 items 2, 20.2, 21.2, 23.1, 23.2, 25, 40.7(b), 43.2, 44.2, 56.1(b), 56.1(c), 56.3, 56.4, 56.5, 75.2, 75.3, 75.4, 75.6, 77.1, 77.5, 77.6, 81.2, 82.3, 82.4, 82.5, 109, 113.1.

The remaining provisions of this Act come into operation on 1 July 2021.

Councils are constituted as representative bodies that are accountable, transparent, collaborative, efficient and engaged with their communities; and

Councils have the functions and powers necessary to enable Councils to perform their role.

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

For the purposes of this Act, serious misconduct by a Councillor means any of the following—

the failure by a Councillor to comply with the Council's internal arbitration process;

the failure by a Councillor to comply with a direction given to the Councillor by an arbiter under section 147;

the failure of a Councillor to attend a Councillor Conduct Panel hearing in respect of that Councillor;

the failure of a Councillor to comply with a direction of a Councillor Conduct Panel;

continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by an arbiter or by a Councillor Conduct Panel under section 167(1)(b);

bullying by a Councillor of another Councillor or a member of Council staff;

conduct by a Councillor that is conduct of the type that is sexual harassment of a Councillor or a member of Council staff;

subject to subsections (2) and (3), the intentional or reckless disclosure by a Councillor of information the Councillor knows, or should reasonably know, is confidential information;

conduct by a Councillor that contravenes the requirement that a Councillor must not direct, or seek to direct, a member of Council staff;

the failure by a Councillor to disclose a conflict of interest and to exclude themselves from the decision making process when required to do so in accordance with this Act.

Subsection (1)(h) does not apply if the information disclosed by the Councillor is information the Council has determined should be publicly available.

The disclosure of information by a Councillor that the Councillor knows, or should reasonably know, is confidential information is not serious misconduct if the disclosure is—

for the purposes of any legal proceeding arising out of this Act; or

to a court or tribunal in the course of a legal proceeding; or

pursuant to an order of a court or tribunal; or

in the course of an internal arbitration, including an application for internal arbitration, and for the purposes of the internal arbitration process; or

in the course of a Councillor Conduct Panel hearing, and for the purposes of the hearing; or

to a Municipal Monitor to the extent required by the Municipal Monitor; or

to the Chief Municipal Inspector to the extent required by the Chief Municipal Inspector; or

to a Commission of Inquiry to the extent reasonably required by the Commission of Inquiry; or

to the extent reasonably required by a law enforcement agency.

A Council that is a responsible public entity within the meaning of the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017—

must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Council when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and

must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Council, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to—

a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

When performing a function or duty or exercising a power under this Act in relation to a declared area, a Council that is a responsible public entity for the purposes of Part 3AAB of the Planning and Environment Act 1987—

must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Council; and

must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Council; and

must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to—

a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

A Council that is a responsible entity within the meaning of the Great Ocean Road and Environs Protection Act 2020, when performing a function or duty or exercising a power under this Act—

must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Council in relation to the Great Ocean Road scenic landscapes area; and

must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Council in relation to the Great Ocean Road region.

Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

The role of a Council is to provide good governance in its municipal district for the benefit and wellbeing of the municipal community.

A Council provides good governance if—

it performs its role in accordance with section 9;

the Councillors of the Council perform their roles in accordance with section 28.

In performing its role, a Council may—

perform any duties or functions or exercise any powers conferred on a Council by or under this Act or any other Act; and

perform any other functions that the Council determines are necessary to enable the Council to perform its role.

If it is necessary to do so for the purpose of performing its role, a Council may perform a function outside its municipal district.

A Council must in the performance of its role give effect to the overarching governance principles.

The following are the overarching governance principles—

Council decisions are to be made and actions taken in accordance with the relevant law;

priority is to be given to achieving the best outcomes for the municipal community, including future generations;

the economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks, is to be promoted;

the municipal community is to be engaged in strategic planning and strategic decision making;

innovation and continuous improvement is to be pursued;

collaboration with other Councils and Governments and statutory bodies is to be sought;

the ongoing financial viability of the Council is to be ensured;

regional, state and national plans and policies are to be taken into account in strategic planning and decision making;

the transparency of Council decisions, actions and information is to be ensured.

In giving effect to the overarching governance principles, a Council must take into account the following supporting principles—

the community engagement principles;

the public transparency principles;

the strategic planning principles;

the financial management principles;

the service performance principles.

Subject to any limitations or restrictions imposed by or under this Act or any other Act, a Council has the power to do all things necessary or convenient to be done in connection with the performance of its role.

The generality of this section is not limited by the conferring of specific powers by or under this Act or any other Act.

A Council may by instrument of delegation delegate to—

the members of a delegated committee; or

the Chief Executive Officer—

The following are specified for the purposes of subsection (1)—

the power of delegation;

the power to elect a Mayor or Deputy Mayor;

the power to grant a reasonable request for leave under section 35;

subject to subsection (3), the power to appoint the Chief Executive Officer, whether on a permanent or acting basis;

the power to make any decision in relation to the employment, dismissal or removal of the Chief Executive Officer;

the power to approve or amend the Council Plan;

the power to adopt or amend any policy that the Council is required to adopt under this Act;

the power to adopt or amend the Governance Rules;

the power to appoint the chair or the members to a delegated committee;

the power to make, amend or revoke a local law;

the power to approve the budget or revised budget;

the power to borrow money;

subject to section 181H(1)(b) of the Local Government Act 1989, the power to declare general rates, municipal charges, service rates and charges and special rates and charges;

any power, duty or function prescribed by the regulations for the purposes of this subsection.

A Council may delegate to the Chief Executive Officer the power to appoint an Acting Chief Executive Officer for a period not exceeding 28 days.

A delegation may be made subject to any conditions or limitations specified in the instrument of delegation.

A delegation that includes the power to enter into a contract or make any expenditure must specify a maximum monetary limit that cannot be exceeded.

A member of a delegated committee to whom a delegation is given under subsection (1)(a) can only exercise the delegation while acting as a member of the delegated committee at a meeting of the delegated committee.

A Council must review, within the period of 12 months after a general election, all delegations which have been made under this section and are still in force.

A Council must keep a public register of delegations made under this section.

Unless sooner revoked, a delegation made by a Council under the Local Government Act 1989 continues in force until 1 September 2020.