Local Government Act 2020

A person is qualified to be a Councillor of a Council if the person—

has attained the age of 18 years; and

is an Australian citizen or an eligible British subject referred to in section 48(1)(a) of the Constitution Act 1975; and

is enrolled on the voters' roll for the Council or would be enrolled on the voters' roll for the Council on a particular day if a voters' roll were to be prepared on that particular day; and

is not a person to whom subsection (2) or (2A) applies.

A person is not qualified to be a Councillor of a Council if the person—

is a member of the Parliament of Victoria or of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or

is employed as a Ministerial officer, a Parliamentary adviser or an electorate officer by a member of the Parliament of Victoria or in a corresponding position (however designated) by, or for, a member of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or

is a Councillor of another Council constituted under this Act or a member of a corresponding body (however designated) under an Act of another State or a Territory of the Commonwealth; or

is a member of Council staff of the Council; or

is an undischarged bankrupt; or

has property that is subject to control under the law relating to bankruptcy; or

has failed to take the oath or affirmation of office of Councillor at any Council when required under this Act during the current term of office of that Council; or

has been disqualified from being a Councillor after a finding by VCAT of gross misconduct, for the period that the period of disqualification specified in the order made by VCAT is in force; or

has been subject to 2 or more findings of serious misconduct by a separate Councillor Conduct Panel under section 167 in the preceding 8 years and the period during which the person can apply under section 170 to VCAT for a review of those findings has expired, for the period of 4 years following the second finding of serious misconduct during which the disqualification is in force; or

is the subject of an Order under section 34A that has not been disallowed by a resolution of either House of Parliament; or

has been subject to 2 or more Orders under section 229A in the preceding 8 years and the period during which the second of those Orders may be disallowed by a resolution of either House of Parliament has expired, for the period of 4 years following the expiry of that disallowance period; or

has been convicted of the offence of failing to lodge an election campaign donation return in relation to the current term of the Council; or

has been convicted of an offence against this Act in the preceding 8 years for which the maximum penalty is at least 120 penalty units or a period of imprisonment of at least 12 months; or

has been convicted of an offence in the preceding 8 years, committed when the person was of or over 18 years of age, which is punishable upon first conviction for a term of imprisonment of 2 years or more under the law of Victoria, or the law of any other State, or a Territory of the Commonwealth, or the law of the Commonwealth; or

is disqualified from managing corporations under Part 2D.6 of the Corporations Act.

A person is disqualified from being a Councillor for the period determined under subsection (2B) if—

the person has been subject to a finding of serious misconduct by a Councillor Conduct Panel under section 167 in the preceding 8 years and the period during which the person can apply under section 170 to VCAT for a review of that finding has expired; and

the person has been subject to an Order under section 229A in the preceding 8 years and the period during which that Order may be disallowed by a resolution of either House of Parliament has expired.

For the purposes of subsection (2A), the period of disqualification is the later of the following periods—

4 years following the finding of serious misconduct;

4 years following the expiry of the disallowance period specified in subsection (2A)(b).

If a Councillor becomes aware that they have ceased to be qualified to be a Councillor of a Council, the Councillor must immediately give notice in writing to the Chief Executive Officer of the Council that they have ceased to be qualified to be a Councillor of the Council.