Local Government Act 2020

If a Councillor is charged with an offence specified in subsection (2), the Councillor is stood down until an outcome specified in subsection (5) occurs.

For the purposes of subsection (1), the specified offences are the following—

an offence against this Act for which the maximum penalty is at least 120 penalty units or a period of imprisonment of at least 12 months;

an offence against a law of Victoria, or a law of another State, a Territory or the Commonwealth, that is punishable by a period of imprisonment of at least 2 years for a first conviction.

Subsection (1) does not apply unless—

a proceeding for the offence is commenced by or on behalf of a law enforcement agency; or

the complainant is a law enforcement agency.

If a Councillor is stood down under subsection (1), the Councillor—

must give written notice of that fact to the Chief Executive Officer of the Council immediately on becoming aware of that fact; and

must not perform the functions and duties or exercise the powers of a Councillor including—

attend any meeting of the Council; and

attend any delegated committee meetings; and

attend Council premises.

If a Councillor is stood down under subsection (1), their allowance must be withheld.

A Councillor is no longer stood down under subsection (1) if—

the charge is withdrawn; or

all proceedings in respect of the charge (including any appeal) are finally determined.

A Councillor who is no longer stood down under subsection (1) is entitled to their allowance, including any allowance previously withheld under subsection (4), unless the Councillor is convicted of the offence.