Councillor conduct framework

The arbiter panel list is established under section 142 of the Act by the Secretary of the Department of Government Services.

The panel list comprises the following members:

• Ms Jo-Anne Mazzeo
• Mr Matthew Evans
• Mr Simon Heath
• Dr Lily O'Neill
• Ms Diana Price
• Mr Joel Silver
• Mr Yehudi Blacher PSM
• Mr Noel Harvey OAM

The costs associated with council’s internal arbitration process, including the arbiter’s fee, must met by the council.

The registrar has set the fees to be paid to arbiters at $1,076 per day.

Superannuation is payable on arbiters’ fees.

After conducting a hearing, the arbiter must make a determination.  If the arbiter determines that a councillor has failed to comply with the Model Code of Conduct, the arbiter may make a finding of misconduct against the councillor.

If an arbiter has made a finding of misconduct against a councillor, the arbiter may impose a range of sanctions, including suspending the councillor for a period of up to 3 months.

At the completion of the internal arbitration process, the arbiter must give a copy of the determination and reasons for their decision to:

• the Council
• the parties to the matter
• the principal councillor conduct registrar.

A copy of the arbiter’s decision and statement of reasons must be tabled at the next council meeting after the decision and recorded in the minutes of the meeting. The principal councillor conduct registrar must also publish the determination and the reasons for decision.

Further information about arbiter determinations is set out in the Fact Sheet: Internal Arbitration Processes.

The Councillor Conduct Panel List is established under section 153 of the Act by the Minister for Local Government.  The panel list comprises the following legal and non-legal members:

• Ms Jo-Anne Mazzeo  (legal)
• Mr Matthew Evans
• Ms Diana Price (legal)
• Dr Lily O'Neill (legal)
• Mr Thomas Lynch (legal)

The costs associated with councillor conduct panel hearings are met by the council for which the hearing is conducted.

The registrar has set the fees for panel list members when acting as chairperson of a Councillor Conduct Panel at $1,345 per day, and for panel list members when acting as a member of a Councillor Conduct Panel at  $1,216 per day.

Superannuation is payable on panel members’ sitting fees.

After conducting a hearing, a councillor conduct panel must make a determination.  A determination can include a finding of misconduct or serious misconduct against the councillor, a finding that remedial action is required by the councillor, or the dismissal of the application.  The panel must also give written reasons for its decision within 28 days of making the determination.

If a councillor conduct panel has made a finding of serious misconduct against a councillor, the panel may impose a range of sanctions, including suspending the councillor for a period of up to 12 months.

At the completion of the councillor conduct panel process, the panel must give a copy of the determination and reasons for its decision to:

• the council
• the parties to the matter
• the Minister for Local Government
• the principal councillor conduct registrar.

The principal councillor conduct registrar must publish the determination and the reasons for decision.

Further information about councillor conduct panel determinations is set out in the Fact Sheet: Councillor Conduct Panels.

The framework also requires each council to appoint a councillor conduct officer who is responsible for assisting the council to implement and conduct its council’s internal arbitration process and to support the principal councillor conduct registrar in relation to councillor conduct panel hearings.

The principal councillor conduct registrar administers councillor conduct panel processes under the councillor conduct framework.

The registrar is also responsible for appointing an arbiter to a council where an application alleging misconduct is made under the council’s internal arbitration process.  Before appointing an arbiter, the registrar must be satisfied that the application is not frivolous, vexatious, misconceived or lacking in substance, and that there is sufficient evidence to support the allegation.  The registrar must also be satisfied that the council has taken sufficient or appropriate steps to resolve the matter, or that the reason for not taking any steps to resolve the matter is adequate.

Where an application alleging serious misconduct is received, the registrar is responsible for determining if a councillor conduct panel should be formed.  In deciding whether to form a panel the registrar must be satisfied that the following requirements (set out in section 155 of the Act) are met:

• the application is not frivolous, vexatious, misconceived or lacking in substance
• there is sufficient evidence to support an allegation of misconduct or serious misconduct
• the council has taken sufficient or appropriate steps to resolve the matter or has provided satisfactory reasons for not taking these steps (in accordance with the internal resolution procedure specified in the council’s councillor code of conduct).

Where the section 155 requirements are met the registrar must form a councillor conduct panel, made up by two members selected from the panel list, to hear the application.  The panel must include one legal member (who is the chairperson of the panel) and one non-legal member.

The Registrar may be contacted by email at pcc.registrar@ecodev.vic.gov.au