Local Government Act 2020
The Local Government Act 2020 provides a framework for the establishment and operation of councils.
The Act is the main legislative instrument for Victoria's 79 councils.
The Act’s preamble restates the constitutional recognition of local government as a distinct and essential tier of government. Part 1A of the Act contains the local government charter, which describes the purpose, objectives and functions of councils.
The Local Government Act also includes provisions for:
- entitlements for residents and ratepayers to vote in council elections
- the conduct of local council elections, including nominations and vote counting
- independent electoral representation reviews by an electoral commission
- council governance requirements, including codes of conduct and disclosure of conflicts of interest
- council decision making, including records of meetings, confidentiality and limits on decisions during election periods
- levying and payment of council rates and charges
- preparation of council plans, budgets and annual reports
- councils' powers to make and enforce local laws.
Regulations made under the Local Government Act 2020
Additional regulations will be added here when they are published.
| Local Government (Electoral) Regulations 2020 | The Local Government (Electoral) Regulations 2020 provide information for the conduct of elections held under the Local Government Act 2020, including nomination of candidates, mandatory candidate training and voting requirements. |
The City of Melbourne (Electoral) Regulations 2022 provide information on the conduct of elections for the Melbourne City Council, including the election of Lord Mayor and Deputy Lord Mayor. | |
| Local Government (Planning and Reporting) Regulations 2020 | The Local Government (Planning and Reporting) Regulations 2020 support the operation of the strategic planning and reporting requirements under the Local Government Act 2020, by prescribing information to be contained in council budgets and revised budgets, Financial Plans and annual reports, as well mandating for councils the system of performance reporting. |
| Local Government (Governance and Integrity) Regulations 2020 | The Local Government (Governance and Integrity) Regulations 2020 prescribe a range of matters related to governance and integrity of Councils and Councillors under the Local Government Act 2020, including the oath or affirmation of office, exemptions from conflicts of interest, requirements for initial and biannual interests returns, councillor induction training, and standards of conduct for Councillors. |
| Local Government (Land Information) Regulations 2021 | The Local Government (Land Information) Regulations 2021 prescribe information to be specified for Land Information Certificates and the fee for the issue of the certificates, and prescribe the particulars required in an Acquisition Notice and the period of time for giving the notice to the council Chief Executive Officer. |
| Local Government (Long Service Leave) Regulations 2021 | The Local Government (Long Service Leave) Regulations 2021 provide for long service leave for members of council staff and substantially replicate the Local Government (Long Service Leave) Regulations 2012. The Local Government (Long Service Leave) Regulations 2012 were revoked on 1 July 2021. |
Regulations made under the Local Government Act 1989
The Local Government (General) Regulations 2015 provides for miscellaneous parts of the Local Government Act 1989, including registers of interests, rate and charge notices and documents which must be provided for public inspection. |
Other Acts
The City of Melbourne Act 2001 provides for electoral arrangements of the City of Melbourne and provides for greater coordination between the State Government and the Council in relation to matters of significance to Victoria. City of Melbourne (Electoral) Regulations 2022 The City of Melbourne (Electoral) Regulations 2022 provide information on the conduct of elections for the Melbourne City Council, including the election of Lord Mayor and Deputy Lord Mayor. | |
Local government is recognised in Part 2A of the Constitution Act 1975 to be 'a distinct and essential tier of government consisting of democratically elected councils having the powers that the Parliament considers necessary to ensure the peace, order and good government of each municipal district' Part 2 of the Constitution 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. The status of local government in the constitution is protected. Amendments to the Constitution Act in 2003 prevent Part 2A from being repealed or amended unless the change is approved by a majority of Victorian electors voting in a referendum. | |
The operation of Mechanics' Institutes in Victoria, particularly in relation to the sale or transfer of land, comes under Section 4 of the Libraries Act 1988, which is the responsibility of the Minister for Local Government. | |
This Act dismissed the Moira Shire Council and provides for the appointment of a panel of administrators until a new council is elected at the October 2028 election for the Council. | |
This Act dismissed the Casey City Council and provides for the appointment of a panel of administrators until a new council is elected at the October 2024 election for the Council. | |
| Local Government (Whittlesea City Council) Act 2020 | This Act dismissed the Whittlesea City Council and provides for the appointment of a panel of administrators until a new council is elected at the October 2024 election for the Council. |
This Act dismissed the South Gippsland Shire Council and provides for the appointment of a panel of administrators until a new council is elected at the October 2021 election for the Council. | |
Local Government (Central Goldfields Shire Council) Act 2017 | This Act dismissed the Central Goldfields Shire Council and provides for the appointment of a panel of administrators until a new council is elected at the October 2020 elections. |
This Act sets out many of the provisions through which the Federal Government provides grants to local government. The term "Financial Assistance grants" describes both general purpose grants and identified local road grants. | |
The Municipal Association Act 1907 is the governing legislation for the Municipal Association of Victoria (MAV). | |
The Municipalities Assistance Act 1973 provides financial assistance to municipalities in respect of rates waived under section 171(4) and 171(5A) of the Local Government Act 1989. | |
The Prahran Mechanics' Institute Act 1899 provides for the incorporation and governance of the Prahran Mechanics' Institute. | |
The governing legislation for the Victorian Local Government Grants Commission (VLGGC). The Minister for Local Government is responsible for the VLGGC, an independent statutory body that allocates Federal Government revenue to municipal councils in Victoria. |