About councillors
Councillors are democratically elected by the residents and ratepayers of the municipality.
Once elected, councillors take an Oath of Office to carry out their role impartially, to the best of their ability, and in the best interests of the municipality.
As an individual a councillor is expected to represent the interests of residents and ratepayers. This includes providing community leadership and guidance, and improving communication between the community and council.
A councillor has no direct authority over an employee of council and no role in employing staff, except as a member of the council as a whole, which employs the chief executive officer. As part of the council, a councillor may also review the performance of the CEO.
A councillor can only make decisions as a member of the council at formally constituted council meetings. Actions occur after a majority vote decision of the council or of a formally delegated committee. As an individual, neither the mayor nor councillors have the authority to act or make decisions on behalf of the council or its staff.
Councillors must attend council meetings. (If a councillor is absent without leave from the council for four consecutive ordinary meetings, he or she ceases to be a councillor).
Term of office
All councillors will in future be elected for a four year term.
The next elections for all Victorian councils will be held on the fourth Saturday in October 2012. Victorian state and local government election dates are both fixed-term, but are scheduled to occur two years apart from each other.
The Council elections section on this site has details about becoming a councillor and council elections.
Councillor behaviours
Councillors are expected to observe appropriate behaviour that is consistent with their legal obligations and supports the effective decision making processes of the council.
To assist councillors, all councils now adopt Codes of Conduct for councillors. A Code of Conduct must be reviewed no later than twelve months after each general election, and it applies to all councillors of the council.
A Code of Conduct must include:
- The Councillor conduct principles set out in the Local Government Act, including the requirement to act with integrity, impartiality and to not seek an improper advantage; to avoid conflicts of interest, act honestly, treat all persons with respect , exercise reasonable care and diligence, ensure public resources are used prudently in the public interest, act lawfully and in a way that supports public confidence in the Council.
- Processes to resolve internal disputes between councillors
Breaches of the Councillor Conduct principles and/or the Code of Conduct may be referred to a Councillor Conduct Panel or in certain cases the Victorian Civil and Administrative Tribunal. In the most serious cases - involving specified offences under the Act as well as conduct breaches - a Councillor may be subject to court proceedings.
A council must make the Code of Conduct available for public inspection at the council offices.
Councillor Conduct
As elected representatives with a significant public role, the community expects councillors to maintain high standards of conduct.
The Local Government Act 1989 sets out these standards, and provides specific processes and sanctions for failing to meet them.
Principles of Councillor Conduct
The Primary Principle of Councillor Conduct is that in performing their role, a councillor must:
- Act with integrity, and
- Impartially exercise responsibilities in the interests of the local community, and
- Not improperly seek to confer an advantage, or disadvantage, on any person.
- Avoid conflicts of interest,
- Act honestly,
- Treat all persons with respect,
- Exercise reasonable care and diligence,
- Endeavour to ensure that public resources are used prudently and in the public interest,
- Act lawfully, and
- Lead by example, and act in a way that secures public confidence in the office of Councillor.
Most councillors conduct themselves appropriately and in accordance with these standards. However, where they fail to do so, the Act provides arrangements for dealing with misconduct.
The Act distinguishes between misconduct, serious misconduct and gross misconduct. It provides distinct avenues and processes for dealing with each, and appropriate sanctions.
Misconduct primarily refers to breaches of a Councillor Code of Conduct.
It is expected that in the first instance, most councils will seek to deal with these internally, through their dispute resolution procedures. However, where this is not sufficient, a breach may be referred by a council (or individual councillors) to a Councillor Conduct Panel.
If a Panel finds the councillor did engage in misconduct, it may apply a range of sanctions, from a reprimand to requiring the councillor to take leave of absence for up to 2 months.
A Panel may also direct a Councillor to undertake training or counselling.
Serious misconduct refers to behaviour that is disruptive to good governance at a local level. It includes repeated misconduct, and conduct that breaches some laws relating to the proper functioning of a council. It includes failure to comply with a direction of a Panel following a finding of misconduct.
These complaints are dealt with by VCAT, which may make orders ranging from a suspension up to 6 months to ruling a councillor ineligible for up to 4 years from holding certain positions, including that of Mayor.
Gross misconduct is the most serious category, reflecting adversely on the character of a councillor and their suitability to hold the office. It includes breaches of the councillor conduct principles and of certain sections of the Act which constitute summary offences, or conduct which demonstrates that a councillor is not of good character or is otherwise not a fit and proper person to hold the office of councillor.
These complaints may only be made by the Secretary for the Department of Planning and Community Development (or his or her delegate) and are heard by VCAT. If VCAT finds the allegation proven, it may order a councillor be disqualified from holding office for up to 4 years, or suspended for up to 6 months, or ineligible to hold the office of mayor for up to 4 years.
Criminal prosecution
Where a Councillor breaches a section of the Local Government Act, or any other Act, and the provision specifies that a breach constitutes a criminal offence, the Councillor may be charged with such offence and prosecuted.
If a person is convicted of certain offences, including any with a maximum penalty of at least 5 years imprisonment, they may not be a Councillor for a period of seven years. If the person is a Councillor at the time, he or she is disqualified from holding the office for that period.
Councillor Conduct Panels
A Councillor Conduct Panel is comprised of two independent persons appointed from lists maintained by the Municipal Association of Victoria. One of the members will be a legal practitioner with at least five years legal practice experience, and the other will be a person with relevant experience in municipal governance.
A Panel is not a standing body, but an individual Panels will be established to hear a specific matter, upon application by a council (following a resolution) or by an individual councillor or group of councillors.
Under the Local Government Act, a Panel has jurisdiction to decide upon alleged breaches of a council code of conduct, which constitutes misconduct. In making its decision, it will hold hearings in the relevant municipal area. A Panel is bound by the rules of natural justice, but is otherwise able to determine its own manner of proceeding. Panel hearings are not open to the public.
After completing its hearing and decision, a Panel may:
- Make a finding of misconduct;
- Authorise the applicant to apply to VCAT for a serious misconduct hearing;
- Make a finding that remedial action is required; or
- Dismiss the application.
- Reprimand the councillor;
- Require an apology to specified persons or bodies; or
- Require the councillor to take leave of absence from council for up to 2 months.
Councillors’ remuneration
Councillors are entitled to receive remuneration in the form of a Councillor allowance. Mayors are entitled to receive a higher allowance.
The Victorian Government sets upper and lower limits for all allowances paid to Councillors and Mayors. For the purpose of these allowance limits, Councils are currently divided into three Categories based on the income and population of each Council.
Soon after being elected, each Council (with the exception of the City of Melbourne, which has its allowances separately fixed) determines the precise annual amount that will be paid to its Mayor and Councillors, within the limits of the Categories set by the Government. These amounts apply from the time of the Council making a resolution after conducting a review of its allowances. Reviews are required to take place by 30 June in the year following a general election and the allowance level determined remains in effect until the time of the next election.
Allowances levels are subject to annual automatic adjustments that are announced in the Victoria Government Gazette by the Minister for Local Government.
A Council would only do another review of its allowance level during its term under the following circumstances:
- if the limits set by the Government for any of the categories are changed;
- if a Council's category status was upgraded after an annual assessment found upward movements in its population and revenue figures that made it eligible for a higher Category; or
- a Council makes a successful submission to a Local Government Panel to have its Category changed on the basis of an exceptional circumstances case.
Councillors may decline to receive their allowance.
Councillors can be paid an extra $40 remote travel allowance for each day they attend authorised meetings or functions that are held more than 50kms away from where they live (up to a maximum of $5,000 per year).
Superannuation Guarantee
Mayoral and Councillor allowances for most Councils are also subject to the addition of the equivalent of the superannuation guarantee (9%). Councillors receiving this equivalent amount can decide to put the 9% into superannuation or not. Only two Councils sit outside these arrangements as their Councillors are already receiving the Superannuation Guarantee Contribution proper. This is because they made a unanimous decision in the past to have a special classification under Australian taxation legislation that allowed their Councillors to be treated as employees for superannuation purposes.
All Councillors can sacrifice any amount of their allowances into a complying superannuation fund.
Expenses, Resources and Facilities Support
Councillors are entitled to be reimbursed for any necessary out-of-pocket expenses they incur while performing their duties as a councillor. Councils are required to have policies and procedures regarding the reimbursement of councillor expenses. Resources and facilities support are also to be provided according to at least the minimum mandatory toolkit of support that all councillors are entitled to receive under Government policy or guidelines (and additionally under regulations).
Schedule of Council Categories
Current Categories for each Council and allowances payable for each are listed:
| CATEGORY 1 | CATEGORY 2 | CATEGORY 3 |
|---|---|---|
|
Current Range: Councillors $7,358-$17,531 Mayor up to $52,375 |
Current Range: Councillors $9,090-$21,859 Mayor up to $67,634 |
Current Range: Councillors $10,931-$26,188 Mayor up to $83,650 |
| Alpine Shire Council Ararat Rural City Council Benalla Rural City Council Borough of Queenscliffe Buloke Shire Council Central Goldfields Shire Council Gannawarra Shire Council Golden Plains Shire Council Hepburn Shire Council Hindmarsh Shire Council Horsham Rural City Council Indigo Shire Council Loddon Shire Council Mansfield Shire Council Mount Alexander Shire Council Moyne Shire Council Murrindindi Shire Council Northern Grampians Shire Council Pyrenees Shire Council Southern Grampians Shire Council Strathbogie Shire Council Towong Shire Council West Wimmera Shire Council Yarriambiack Shire Council |
Ballarat City Council Banyule City Council Bass Coast Shire Council Baw Baw Shire Council Bayside City Council Campaspe Shire Council Cardinia Shire Council Colac Otway Shire Council Corangamite Shire Council East Gippsland Shire Council Glenelg Shire Council Greater Shepparton City Council Hobsons Bay City Council Latrobe City Council Macedon Ranges Shire Council Manningham City Council Maribyrnong City Council Maroondah City Council Mildura Rural City Council Mitchell Shire Council Moira Shire Council Moorabool Shire Council Nillumbik Shire Council South Gippsland Shire Council Surf Coast Shire Council Swan Hill Rural City Council Wangaratta Rural City Council Warrnambool City Council Wellington Shire Council Wodonga City Council Yarra City Council |
Boroondara City Council Brimbank City Council Casey City Council Darebin City Council Glen Eira City Council Frankston City Council Greater Bendigo City Council Greater Dandenong City Council Greater Geelong City Council Hume City Council Kingston City Council Knox City Council Melton Shire Council Monash City Council Moreland City Council Moonee Valley City Council Mornington Peninsula Shire Council Port Phillip City Council Stonnington City Council Whitehorse City Council Whittlesea City Council Wyndham City Council Yarra Ranges Shire Council |
City of Melbourne
The City of Melbourne’s allowances are fixed by Order in Council and are annually adjusted in the same way as other Councils. Current annual allowances payable at Melbourne are:
| |
Lord Mayor |
$160,050 |
| Deputy Lord Mayor |
$65,470 |
|
| Councillors |
$36,360 |