Councils regularly conduct consultations with members of their community. They also consult with other people who might be affected by matters under council consideration. Sometimes consultation is a legal requirement. At other times councils consult their residents in order to make good decisions that take into account community interests.
A council may convene public meetings and undertake surveys before developing a proposal for formal consultation. Councils also undertake consultation on other matters where they consider it important to determine public sentiment and community concerns before making a decision or commencing a project.
Each council has its own processes for inviting, receiving and responding to public consultation. Many of these consultations include the opportunity for direct participation by individuals or community groups.
Councils may invite community input:
- by convening a workshop
- via their website
- in their newsletters
- through a questionnaire
- by phone
- at face-to-face discussions
- by presenting at meetings of local groups and clubs
- by asking individuals or groups to address the council
- by creating advisory committees.
Any person can make an unsolicited submission to their council on any matter of interest or concern. There is also a procedure for making objections to council.
Statutory consultation
By law, there are many decisions and activities that councils can only undertake following a public consultation. These include decisions about the following matters:
- Setting councillor and mayoral allowances
- Adopting a council plan
- Making a local law
- Changing the council's system of land valuations for council rates
- Adopting a budget
- Declaring a special rate or a special charge
- Selling, exchanging or leasing land
- Entering into a regional library agreement
- Deviating or discontinuing a road
The consultation required by law for these matters must include the following:
- The council must publish a public notice (in a local or daily newspaper, and on the council's website) that identifies the proposal and tells people that they have the right to make a written submission to council.
- People who wish to make submissions must lodge them by the date specified in the public notice. This must be at least 28 days after the publication of the public notice.
- Anyone who has made a written submission, or their representative, can ask to be heard in support of this submission, and is entitled to speak to the council or a committee appointed for the purpose. The council must fix a time, date and place for this meeting and give reasonable notice of the meeting to each person requesting to be heard.
- The council, or a council committee, must consider any submissions received before making a decision.
- After it has made a decision, the council must write to a person who has lodged a submission, advising of the council decision and the reasons for it.
Appeals and objections to council
Under some circumstances, people have legal rights to appeal or object to council decisions or actions. For example, when a council proposes to levy a special rate or charge, and where the amount of money to be raised by the proposed rate or charge will be more than two thirds of the total cost of the works or project, the council must give the affected ratepayers a right to object. If objections are received from a majority of affected properties, the council cannot proceed with the proposal.
In some cases, council decisions can be objected by lodging an appeal with the Victorian Civil and Administrative Tribunal (VCAT).
Council information available to the public
Councils can be contacted by phone, fax, post, online and in person. Many councils offer translation services for residents who don’t speak English. Most councils also offer a teletypewriter service through the National Relay Service. This service is for deaf, hearing-impaired, or speech-impaired residents.
There are a number of ways you can learn more about your council, how it works, and the services it offers.
Councils are required by law to make available a range of important publications. Many of these are available both in print and online, and some by inspection.
These publications include:
- All local laws adopted by the council
- Agendas for council meetings
- Minutes of council meetings and special committee meetings for the previous 12 months (except sections of meetings closed to the public)
- Copies of the council's Council Plan, Strategic Resource Plan, budget and annual report
- The council's adopted Code of Conduct for Councillors
- A register of council delegations to special committees and council staff
- Details of allowances fixed for the mayor and councillors
- Names of councillors who submitted returns of interest during the financial year
- Names of council officers required to submit returns of interest during the financial year
- Copies of Campaign Donation Returns lodged by candidates in the last council elections
- A list of donations and grants made by the council during the financial year
- A list of organisations that council was a member of during the financial year.
Some documents are only available for inspection at council offices. These may be viewed and copied, but not removed. Councils may charge fees for inspection and copying. It is advisable to make an appointment with your council to arrange an inspection of a document.
Websites and newsletters also provide residents with information about current events and issues, council projects and services, and summaries of the council plan or budget.
Advertisements and editorials are often placed in local newspapers to give notice of pending decisions, actions or consultations. These are sometimes required by law, such as when it is proposed to close a road, open a tender or levy a special charge.