The legal basis
Local government is established under State legislation. The principal legislation in Victoria governing the establishment and operation of councils is the Local Government Act 1989 along with various Regulations made under that Act.
In addition, local government has special recognition in the Victorian Constitution Act 1975.
Local Councils Recognised in the Victorian Constitution
The Victorian Constitution recognises local councils as “a distinct and essential tier of government”. Under
Section 74 of the Constitution Act 1975 democratically elected councils are to ensure “the peace, order and good government of each municipal district”.The Act gives the Victorian Parliament the power to make laws it considers necessary for local government, including laws relating to the constitution of councils, council elections and the powers and duties of councillors and council staff.
A council cannot be dismissed without an Act of Parliament relating specifically to that council.
The status of local government in the Victorian constitution is protected. Part 2A of the Constitution Act which covers local government, cannot be repealed or amended unless the change is approved by a majority of Victorian electors voting in a referendum.
The Local Government Act
Victoria's 79 Councils operate within a legal framework established by the Victorian Parliament through the
Victorian Local Government Act 1989. This defines the purposes and functions of local government as well as providing the legal framework for establishing and administering Councils.In 2003 the Parliament made the most fundamental and extensive amendments to the Local Government Act 1989 since its inception. These changes were made by means of the Local Government (Democratic Reform) Act 2003. They included electoral reforms to ensure more democratic representation; governance changes to improve transparency and probity; and more accountable financial management and public reporting.
The changes to the local Government Act also included the addition of a preamble to reflect the recognition given to local government in the Victorian Constitution as well as the insertion of a “Local Government Charter” (PDF 48kb).
Regulations
Regulations made under the Local Government Act include:
- Local Government (General) Regulations 2004
- Local Government (Finance and Reporting) Regulations 2004
- Local Government (Electoral) Regulations 2005
- Local Government (Long Service Leave) Regulations 2002
- City of Melbourne (Elections) Regulations 2001
The City of Melbourne Act
While generally regulated by the Local Government Act, the City of Melbourne also has its own additional legislation in the form of the
City of Melbourne Act 2001.The City of Melbourne Act includes extra objectives that recognise the unique role of the City of Melbourne as Victoria’s capital city, and the special relationship that exists between it and the state and federal governments as a result of this position. It also provides a different electoral system for the City of Melbourne.
Other Legislation relating to local government
As well as the general powers and responsibilities given to them under the Local Government Act, local councils are responsible for a wide range of services under various other Act of Parliament. These are administered by a number of different Ministers and State Government departments.
Examples, not covered under the Local Government Act and not handled by Local Government Victoria, include land use planning, building control, some public health services, domestic animal control, litter control, parking, roads and traffic.
In fact councils have responsibilities under more than 40 different Victorian Acts, including:
| 1. Building Regulations Act 1994 2. Building (Interim) Regulations 2005 3. Building Act 1993 4. Building Code of Australia 1996 5. Catchment and Land Protection Act 1994 6. Cemeteries and Crematoria Act 2003 7. City of Melbourne Act 2001 8. Conservation, Forests and Lands Act 1987 9. Country Fire Authority Act 1958 10. Country Fire Authority Regulations 2004 11. Crown Lands (Reserves) Act 12. Cultural and Recreational Lands Act 1963 13. Domestic (Feral and Nuisance) Animals Act 1994 14. Emergency Management Act 1986 15. Environment Protection Act 1970 16. Flora and Fauna Guarantee Act 1988 17. Food Act 1984 18. Freedom of Information Act 1982 19. Health Act 1958 20. Health (Prescribed Accommodation Regulations 2001 21. Health (Infectious Disease) Regulations 2001. 22. Housing Act 1983 | 23. Impounding of Livestock Act 1994 24. Liquor Control Reform Act 1998 25. Local Government Act 1989 26. Marine Act 1988 27. Metropolitan Fire Brigades Act 1958 28. Nudity (Prescribed Areas) Act 1983 29. Parks Victoria Act 1998 30. Planning and Environment Act 1987 31. Planning and Environment Planning Schemes) Act 1996 32. Prevention of Cruelty to Animals Act 1986 33. Residential Tenancies Act 1997 34. Road Management Act 2004 35. Road Safety Act 1986 36. Shop Trading Reform Act 1996 37. Shop Trading Reform (Polls) Regulations 1996 38. Subdivision Act1988 39. Transport Act 1983 40. Tobacco Act 1987. 41. Valuation of Land Act 1960 42. Victorian Grants Commission Act 1976 43. Water Act 1989 44. Whistleblowers Protection Act 2001 |
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Victorian Legislation and Parliamentary Documents website
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