Councillor conduct framework

The Local Government Act 2020 establishes a councillor conduct framework that provides a clear hierarchy for the management of councillor conduct issues.

Under the councillor conduct framework:

• complaints of misconduct by a councillor are heard and determined under the council’s internal arbitration process by an independent arbiter
• complaints of serious misconduct by a councillor are heard and determined by councillor conduct panels
• allegations of gross misconduct are dealt with by VCAT.

The framework is designed to:

• provide for timely intervention in relation to breaches of the prescribed standards of conduct (misconduct) by councillors
• give councillor conduct panels effective powers to manage and resolve serious misconduct by councillors
• retain the capacity for the Chief Municipal Inspector to manage gross misconduct through VCAT.

On this page:

• Council Internal Arbitration Process
• Councillor Conduct Panels
• Complaint resolution bodies

Council Internal Arbitration Process

The strengthened internal arbitration process is designed to provide for early intervention in response to less serious types of misconduct by councillors.  Under this process, applications for internal arbitration are heard by independent arbiters appointed to the relevant council by the principal councillor conduct registrar.

Misconduct is defined as any breach by a councillor of the standards of conduct. The standards of conduct are set out in Schedule 1 of the Local Government (Governance and Integrity) Regulations 2020.

The standards of conduct require councillors to take positive action to eliminate discrimination and sexual harassment; and to support the Council in achieving and promoting gender equality.  Councillors are also required to refrain from using abusive, obscene, offensive or threatening language or behaviour; and to treat all persons with respect and have due regard for their opinions, beliefs, rights and responsibilities.

Councillors must undertake necessary training and professional development agreed to by the council; diligently use council processes to inform their decision making; and ensure that they are fit to conscientiously perform the role of councillor.

Councillors must diligently and properly comply with council procedures, policies and practices established for the governance of the council; and must conduct themselves in a manner that does not bring discredit upon the Council, or deliberately mislead the Council or the public about matters related to the performance of their public duties.

If an arbiter makes a finding of misconduct against a councillor, the arbiter may:

• direct the councillor to make an apology
• suspend the councillor from office for a period of up to 1 month
• direct that the councillor be removed from any position where the councillor represents the council for a specified period
• direct that the councillor is removed from being the chair of a delegated committee for a specified period
• direct a councillor to attend or undergo training or counselling.

Internal arbitration application and hearing process

If a council, a councillor, or a group of councillors consider that another councillor’s actions or activities breach the prescribed standards of conduct, they can apply to the principal councillor conduct registrar for an arbiter to make a finding of misconduct in relation to these actions or activities.

An application for a finding of misconduct must be made within 3 months of the alleged misconduct occurring.

Complaint resolution bodies

There are a number of independent organisations that can consider complaints relating to a council. In the first instance, complaints should be raised with the relevant council.

As a general rule, a complaint should be in writing and should include the following:

• brief statement about your issue
• brief history of the case, including important dates or events
• decision or action taken by the council
• preferred outcome for this case going forward
• copies of all correspondence to and from the council or any other material that records the contact made between parties involved.

Local Government Inspectorate

In 2009, the Victorian Government established the Local Government Inspectorate as a separate administrative office of the Department of Premier and Cabinet.

The Local Government Inspectorate is responsible for investigating alleged breaches of the Local Government Act 2020, including failure by a councillor to declare a conflict of interest, disclosure of confidential information and misuse of position, and administering a Compliance Audit program at councils across Victoria.

The Chief Municipal Inspector, the head of the Local Government Inspectorate, is also responsible for investigating and making applications to VCAT for findings of gross misconduct against councillors and has power to investigate and initiate applications for councillor conduct panels to be established to determine allegations of serious misconduct by councillors.

Further information about the Chief Municipal Inspector and the Local Government Inspectorate is available here.

Complaints to the Local Government Inspectorate can be submitted online or by contacting the office.

The Victorian Ombudsman

The Victorian Ombudsman is an independent officer of the Victorian Parliament responsible for handling complaints concerning the administrative actions of a council and decisions of council officers. The Ombudsman cannot investigate the actions of an individual councillor, except when investigating a protected disclosure complaint under the Protected Disclosure Act 2012.

Complaints to the Victorian Ombudsman can be submitted online or by contacting the office.

Independent Broad-based Anti-corruption Commission (IBAC)

IBAC is Victoria’s anti-corruption agency responsible for preventing and exposing public sector corruption and police misconduct. IBAC accepts complaints about suspected corruption and misconduct in the public sector including the local government sector.

Information can be provided or a complaint can be made to IBAC online.