Governance Local Law - Rural City of BenallaBENALLA RURAL CITY COUNCIL Governance Local Law 2016 Page 4 of 70 Part A Governance Local Law 2016 1. Introduction 1.1 Title This Local

Governance

Local Law

2016

BENALLA RURAL CITY COUNCIL Governance Local Law 2016 Page 2 of 70

Contents

PART A GOVERNANCE LOCAL LAW 2016 ................................................................. 4

1. Introduction .................................................................................................................... 4

1.1 Title .................................................................................................................................... 4

1.2 Purpose of this Local Law ............................................................................................... 4

1.3 Authorising provision ...................................................................................................... 4

1.4 Commencement date and cessation date (sunset date) ................................................ 4

1.5 Revocation of Local Law No 1 Meeting Procedures 2008 .............................................. 4

1.6 Definitions ......................................................................................................................... 4

2. Election of the Mayor ..................................................................................................... 7

2.1 Election of the Mayor ....................................................................................................... 7

2.2 Chief Executive Officer to act as Chair ........................................................................... 7

2.3 Procedures for election of Mayor .................................................................................... 7

2.4 Deputy Mayor .................................................................................................................... 8

2.5 Business following election of Mayor ............................................................................. 8

2.6 Temporary (Acting) Chair ................................................................................................. 8

3. Common Seal ...............................................................................................................10

3.1. Introduction..................................................................................................................... 10

3.2. Keeping the Common Seal ............................................................................................ 10

3.3. Affixing the Common Seal ............................................................................................. 10

3.4. Authority for use of Common Seal ................................................................................ 10

3.5. Register ........................................................................................................................... 11

3.6. Resolution of the Council .............................................................................................. 11

4. Meeting procedures ......................................................................................................12

4.1. Notices of Council meetings and delivery of agendas................................................. 12

4.2. Location of Council meetings ........................................................................................ 13

4.3. Alteration of meeting dates, times or location ............................................................. 13

4.4. Special meetings ............................................................................................................ 13

4.5. Quorum ........................................................................................................................... 13

4.6. Business of meetings ..................................................................................................... 16

4.7. Motions and debate ........................................................................................................ 19


4.8. Procedural motions ........................................................................................................ 23

4.9. Rescission motions ........................................................................................................ 23

4.10. Points of order............................................................................................................. 25

4.11. Public question time ................................................................................................... 26

4.12. Petitions ....................................................................................................................... 27

4.13. Public submissions .................................................................................................... 28

4.14. Voting ........................................................................................................................... 31

4.15. Minutes ........................................................................................................................ 32

4.16. Conduct and behaviour .............................................................................................. 34

4.17. Suspension of standing orders .................................................................................. 37

4.18. Miscellaneous ............................................................................................................. 38

4.19. Special and Advisory Committees ............................................................................. 38

5. Councillor Code of Conduct ..........................................................................................40

PART B SCHEDULES ........................................................................................................58

Schedule A: Procedural Motions Table .........................................................................58

Schedule B: Guidelines for petitions .............................................................................63

Schedule C: Infringement Notice ...................................................................................64

Schedule D: Procedure for motions and amendments ................................................67

Schedule E: Councillor Conduct Framework ................................................................68

Schedule F: Guidelines for presentations under section 223 .....................................69


Part A Governance Local Law 2016

1. Introduction

1.1 Title This Local Law will be known as the Governance Local Law 2016

1.2 Purpose of this Local Law The purpose of this Local Law is to:

a. Provide for the election of the Mayor;

b. Provide for the role of the Mayor;

c. Regulate the use of the Council’s Common Seal;

d. Prohibit the unauthorised use of the Council’s Common Seal or a Replica of the Common Seal;

e. Provide for procedures governing the conduct of Council meetings, Special Committee meetings and Advisory Committee meetings; and

f. Set the rules of behavior for those participating in or present at Council meetings, Special Committee meetings and Advisory Committee meetings.

1.3 Authorising provision This Local Law is made under section 111(1) of the Local Government Act 1989.

1.4 Commencement date and cessation date (sunset date) This Local Law:

a. Commences on the day following the day on which notice of the making of this Local Law is published in the Victoria Government Gazette; and

b. Ends on the 10th anniversary of the day on which it commenced operation unless revoked earlier.

1.5 Revocation of Local Law No 1 Meeting Procedures 2008 On the commencement of this Local Law the Council’s Meeting Procedures Local Law No 1 2008 is revoked.

1.6 Definitions In this Local Law, unless the context or subject-matter suggests otherwise:

Act means the Local Government Act 1989.

Advisory Committee means an advisory committee established by the Council under section 86(1) of the Act.

agenda means the notice of a meeting setting the date, time and place of a Meeting and the business to be transacted at the Meeting.

Authorised Officer means an Authorised Officer of the Council appointed under section 224 of the Act or a member of the Benalla Police Force.


business day means a day that is not a Saturday, Sunday or public holiday.

Chair refers to the person who chairs a Meeting and includes an acting or temporary Chair

Chief Executive Officer means the person appointed by the Council to be its Chief Executive Officer or any person acting in that position.

Common Seal means the common seal of the Council.

Council means Benalla Rural City Council.

Council Year means the 12 month period commencing from the date of the Council meeting at which the Mayor is elected.

Councillor is a person who is an elected member of the Council.

division means a formal count and record taken of those voting for and against a motion

Mayor means the Mayor of the Council and any other Councillor acting as Mayor in the absence of the Mayor.

Meeting means an Ordinary Meeting or Special Meeting of the Council or a Special Committee.

Minister means the Minister responsible for administering the Act.

Notice of Motion means a notice setting out the text of a motion which a Councillor proposes to move at the next relevant Meeting.

Notice of Rescission means a notice of motion to rescind a resolution made by the Council.

offence means an act or default contrary to this Local Law.

Officer means an employee of the Council.

Ordinary Meeting means any meeting of the Council which is not a Special Meeting.

Penalty Unit means a penalty unit as defined under the Sentencing Act 1991.

person means a person who has attained the age of 18 years but not a corporation, a council or any other incorporated body or any public statutory corporation.

petition means a formal written application requesting some action by the Council, which must be typed or printed without erasure, and be received from at least 12 persons, signed by those persons whose name and physical address also appears and on which page of the petition bears the petition request of the whole of the petition.

quorum is the minimum number of members of the Council or a Committee of the Council required by this Local Law to be present in order to constitute a valid meeting of the Council or the Committee.

Replica, in relation to the Common Seal of the Council, means any representation which purports to be, looks like or is capable of being mistaken for the Common Seal whether fixed to or printed on a document or advertisement or sign and includes any use of a symbol resembling the Common Seal which is capable of misleading a person into believing it is used with the authority of the Council.

Senior Officer means the Chief Executive Officer, a member of Council staff who has management responsibilities and reports directly to the Chief Executive Officer, or a member of Council staff whose total remuneration exceeds $139,000 or such higher threshold amount as is specified by the Minister in accordance with section 97B of the Act.

Special Committee means a special committee of the Council appointed under section 86 of the Act.

Special Meeting means a special meeting of the Council under section 86(1) of the Act.


urgent business means business which:

(a) relates to or arises out of a matter which has arisen since distribution of the agenda; and

(b) cannot safely or conveniently be deferred until the next Ordinary Meeting and which the Council resolves to admit as urgent business.

Visitor means any person who is in attendance at a Council or Special Committee meeting other than a Councillor, member of a Special Committee or an Officer.

written includes duplicated, photocopied, printed and typed and extends to both hard copy and soft copy form


2. Election of the Mayor

2.1 Election of the Mayor 1. The Meeting to fill the vacancy of Mayor will be open to members of the public and held:

a. if the Council has conducted a general election, as soon as possible after the declaration of the result of the election;

b. in years between general elections of Councillors and if the Mayor was elected for a term of one year, after the fourth Saturday in October but not later than 30 November in the following year;

c. in years between general elections of Councillors and if the Mayor was elected for a term of two years, after the fourth Saturday in October but not later than 30 November, in the second year after the last Mayoral election; or

d. as soon as practicable after the office of Mayor otherwise becomes vacant but in any event no later than 14 days after the vacancy occurs.

2.2 Chief Executive Officer to act as Chair 1. At any meeting to elect the Mayor, the Chief Executive shall be appointed as Chair Pro-

tem (but will have no voting rights) to:

a. report the results of the election (where applicable);

b. administer Declarations of Office and Oaths of Allegiance (where applicable);

c. administer the fixing of allowances payable to the Mayor and Councillors in accordance with Section 74 of the Act (where applicable); and

d. be the Returning Officer for the election of the Mayor.

2.3 Procedures for election of Mayor 1. The Returning Officer must invite nominations for the office of Mayor and the following

procedures shall apply to the conduct of the election:

a. There must first be a determination of the term of appointment of the Mayor;

b. the election will be carried out by show of hands;

c. any Councillor is eligible for election or re-election to the office of Mayor;

d. nominations for the position of Mayor must be moved and seconded;

e. any Councillor nominated may refuse nomination;

f. where only one nomination is received, the Councillor must be declared elected;

g. where two or more nominations are received, the Councillor with the majority of votes must be declared elected except that;

i. If no Councillor receives a majority of votes, the Councillor with the least number of votes must be eliminated as a candidate and a further ballot conducted with the remaining candidates. This procedure must be repeated until a candidate receives a majority of votes and that candidate must be declared elected.

ii. If for the purposes of eliminating the candidate with the least number of votes, two or more candidates have the same least number of votes, the candidate to be eliminated must be determined by a majority vote. If there is an equality of votes with respect to the candidate to be eliminated, a result must then be determined by lot conducted by the Returning Officer in the presence of the meeting.


iii. If a lot is required, the Chair will conduct the lot and the following provisions will apply:

a. Each candidate shall draw one lot.

b. The order of drawing lots shall be determined by the alphabetical order of the surname of the Councillors who received an equal number of votes, except that if two or more such Councillors surnames are identical, the order shall be determined by the alphabetical order of the Councillor’s first name.

c. As many identical pieces of paper as there are Councillors who receive an equal number of votes shall be placed in a receptacle provided by the Chair.

d. If the lot is being conducted to determine which candidate is to be duly excluded, the word ‘Excluded’ shall be written on one of the pieces of paper and the Councillor who draws the paper with the word ‘Excluded’ written on it shall be declared to have been excluded.

e. The remaining candidates will then be subject to the processes of subclause 2.3.

2.4 Deputy Mayor If the Council resolves to appoint a Deputy Mayor, the procedure for the election of Mayor will apply to the election of the Deputy Mayor with any necessary modifications.

2.5 Business following election of Mayor 1. Once the Mayor has been elected, the Chief Executive must vacate the Chair and the

Mayor must take the Chair for the balance of the meeting, when the following matters may be dealt with:

a. Statement of Commitment by Mayor and Councillors;

b. Establishment of Special Committees;

c. Determining the Meeting Cycle for the next 12 months of Council and Committee meetings;

d. Fixing quorums of Council and Committee meetings and electing chairmen of the various Special Committees;

e. Appointment of Council representatives to advisory committees, peak industry bodies and regional and community based committees

f. Appointment of Council’s official newspaper;

g. Any other matter considered necessary by the CEO;

h. Fixing any allowance in accordance with Section 74 of the Act (where applicable).

2. The same procedure for the election of Mayor shall be followed for the election of any Chair of a Committee with any necessary modifications.

2.6 Temporary (Acting) Chair 1. The Mayor will take the Chair at all meetings of the Council at which he or she is present.

If the Mayor is unable to attend a Council Meeting for any reason, the Chief Executive must open the meeting and temporarily take the Chair to invite nominations from the Councillors present for a temporary Chair.

a. If there is only one nomination (which must be seconded), the candidate nominated is deemed to have been duly elected.

b. If there is more than one nomination (each of which must be seconded), the Councillors present at the meeting must vote for one of the candidates by a show of hands (or by such other method as the Council determines). In the event of a


candidate receiving an absolute majority of the votes, that candidate is declared to have been elected.

c. In the event of no candidate receiving an absolute majority of the votes, the provisions of subclause 2.3 g will apply.

d. Councillors voting for the position of Mayor, Chair of Special Committees or temporary (acting) Chair are not required to disclose Conflicts of Interest (refer to Section 79 (C) (1) of the Act).


3. Common Seal

The purpose of this part is to protect the integrity of the Common Seal and to prohibit the use of the Common Seal or any device resembling the Common Seal and describe when it may be affixed to a document.

3.1. Introduction

Section 5 of the Local Government Act 1989 specifies that a Council must have a common seal which is kept at the Council offices and is used in accordance with the Local Laws of the Council. The Common Seal is a device which formally and solemnly records the collective will of the Council.

3.2. Keeping the Common Seal

The Chief Executive Officer must ensure the security of the Council’s Common Seal at all times.

3.3. Affixing the Common Seal

1. The Common Seal can only be affixed to any document by the attest of two signatures. The two signatures must be those of:

a. the Mayor and the Chief Executive Officer; or

b. in the absence of the Mayor; two Councillors and the Chief Executive Officer or any other member of staff authorised by the Council, or

c. in the absence of the Chief Executive Officer, the Mayor and one Councillor and any other member of staff acting as Chief Executive Officer or authorised by the Council.

2. In respect of ceremonial matters, the Mayor will be accorded the position of prime witness.

3.4. Authority for use of Common Seal

1. The Common Seal may only be used on the authority of the Council given either generally or specifically.

2. The Common Seal must be affixed to a document only for the purpose of giving effect to a decision which has been made by:

a. Council resolution;

b. resolution of a Special Committee to which the power to use the Common Seal has been delegated; or

c. the Chief Executive Officer.

3. The Common Seal may be appended to any of the following documents:

Contracts for sale or purchase of land;

Other contracts that have been endorsed by the Council;

Tenders that have been endorsed by the Council or are for a value in excess of $250,000;


Any contract documentation (supplied by a tender) which includes terms and conditions of trade, and any formal deed;

Ceremonial documents (such as Citizen of the Year Award);

Where the funding body/agreement requires the Council Seal to be affixed;

Any document that changes the Council’s legal position, including:

- Borrowings (including changes to overdraft facilities); or

- Significant contract variations

Delegations from the Council to the Chief Executive Officer, delegations to Officers or where required by other legislative authorities (i.e. on certification of residency for overseas pension); and

Any other legal document the Council is required to affix the Common Seal to from time to time

4. Any person who uses the Common Seal without authority or who uses a Replica of the Common Seal is guilty of an offence.

3.5. Register 1. A record must be kept detailing circumstances whenever the Common Seal is used.

The record must contain a description of the document, the date the seal was affixed, the date on which the Council resolved to affix the Common Seal and the name of the person affixing the Common Seal.

2. This document may be either in hard copy or electronic form and is the responsibility of the Governance Unit.

3.6. Resolution of the Council The Council’s sealing clause must be as follows:

The COMMON SEAL of the BENALLA RURAL CITY COUNCIL was affixed by authority of

the Council on the ..……………….day of ……………………..20……. in the presence of:

…………………….……………………………………..Mayor / Councillor

...............................................................…………….Chief Executive Officer

or such words as the Council resolves.


4. Meeting procedures

4.1. Notices of Council meetings and delivery of agendas 1. The date, time and place of all Ordinary Meetings for the following Council Year is to be

fixed by the Council at a Council meeting after the election of the Mayor but not later than the last Council meeting of the calendar year.

2. A notice of meeting incorporating or accompanied by an agenda of the business to be dealt with must be served on every Councillor:

a. for an Ordinary Meeting, not less than three business days (72 hours) before the meeting

b. for a Special Meeting, not less than three business days (72 hours) before the meeting, unless, as a result of the urgency of the circumstances, the Chief Executive Officer considers that a shorter notification period is necessary; or

c. for a Special Committee meeting, not less than three business days (72 hours) before the meeting.

Notwithstanding subclauses a, b, and c an agenda need not be served on any Councillor who has been granted leave of absence unless the Councillor has requested the Chief Executive officer in writing to continue to deliver an agenda during his or her period of absence.

3. A notice or agenda is served on a Councillor for the purposes of this clause if it is sent by post, email or otherwise delivered to the:

a. Councillor’s place of residence;

b. Councillor’s place of business (if applicable);or

c. place specified by the Councillor for delivery of notices of meetings.

4. If a notice is delivered by post it is taken as having been served on the Councillor when it would have arrived at its destination in the ordinary course of mail.

5. Public notice of each Ordinary Meeting, Special Meeting and Special Committee meeting

must be provided to the community. The Council may do this:

a. for Ordinary Meetings and Special Committee meetings by preparing a schedule of Meetings annually and arranging publication of such schedule in the Council’s official newspaper; or

b. for Special Meetings by publishing public notice of the meeting in the Council’s official newspaper at least seven days prior to each Special Meeting; and

c. for any Meeting, by giving notice and providing the agenda:

- in the Customer Service Centre;

- in the Sir Edward ‘Weary’ Dunlop Learning Centre; and

- on the Council’s website.

6. If urgent or extraordinary circumstances prevent the giving of notice seven days prior to a Special Meeting, the Council will give notice of the meeting on its website and by using other electronic media determined by the Chief Executive Officer.


4.2. Location of Council meetings

All Ordinary and Special Meetings and Special Committee meetings will be held at the Benalla Civic Centre, or any other building within the Council’s municipal district as determined by the Chief Executive Officer and advertised accordingly.

4.3. Alteration of meeting dates, times or location

The Council may change the date, time and place of any Council meeting which has been fixed and must provide reasonable notice of the change to the public.

4.4. Special meetings 1. The Mayor or at least three Councillors may by a written notice call a Special Meeting.

2. The notice must specify the date and time of the Special Meeting and the business to be transacted.

3. The notice must be delivered to the Chief Executive Officer in sufficient time to provide public notice of the Special Meeting.

4. Notice of a Special Meeting of the Council must be provided to every Councillor in accordance with subclause 4.1.

5. The Council may by resolution call a Special Meeting.

6. The resolution must specify the date and time of the Special Meeting and the business to be transacted. The date and time of the Special Meeting must not be prior to 6pm on the day following the Council meeting at which the resolution has been made.

7. The Chief Executive Officer must convene the Special Meeting as specified in the notice or resolution.

8. Unless all Councillors are present and unanimously agree to deal with any other matter, only the business specified in the notice or resolution is to be transacted.

9. Subject to any resolution providing otherwise, the order of business of any Special Meeting must be the order in which such business stands in the agenda for the meeting.

10. The Chief Executive Officer may call a Special Meeting by giving notice which must specify the date and time of the Special Meeting and the business to be transacted.

11. The Council may hold Special Meetings to deal with the following:

a. adoption of the Council Plan and the Declaration of Rates and Charges;

b. adoption of Council’s Audited Financial Report, Standard Statement and Performance Statement;

c. election of the Mayor and appointment of Council representatives;

d. presentation of the Annual Budget; or

e. any other matter.

4.5. Quorum

4.5.1. Overview No business can be transacted at a Council meeting unless a quorum is present. If there is no quorum at the commencement of a Meeting or if a quorum cannot be maintained during a Meeting, the Meeting is to be adjourned to another date and/or time. Council meetings must commence within 30 minutes of the scheduled starting time.


4.5.2. Council Meetings The quorum for Council meetings is the presence of a majority of the total number of Councillors. In the event of an even number of Councillors remaining as elected Councillors, a quorum will consist of half plus one of the remaining Councillors.

4.5.3. Special Committee and Advisory Committee The quorum for Special and Advisory Committee meetings is the presence of a majority of the members of the Special or Advisory Committee.

4.5.4. Leave of absence 1. A Councillor or a member of a Special Committee intending, or likely, not to be in

attendance at a Council meeting or Special Committee meeting may:

a. submit an apology by advising the Mayor or Chair of the meeting; or

b. apply for leave of absence by advising the Chief Executive Officer in writing of the period of the proposed leave of absence.

2. Where the leave of absence is sought by a Councillor, the Chief Executive Officer must submit the request for leave of absence to the next Ordinary Meeting and the Council must not unreasonably refuse to grant the request for leave of absence.

3. Where leave of absence has been granted to a Councillor or a member of a Special Committee, the Chief Executive Officer must record the leave of absence in the minutes of each Council meeting and relevant Special Committee meeting held during the period of the leave of absence.

4. Leave of absence cannot be granted in respect of a past meeting.

4.5.5. Inability to obtain a quorum If, after 30 minutes from the scheduled starting time of any Ordinary Meeting or Special Meeting, a quorum cannot be obtained, those members of the Council present or, if no Councillors are present, the Chief Executive Officer or, in the absence of the Chief Executive Officer, a member of Council staff authorised by the Chief Executive Officer, may adjourn the Meeting to a date and/or time to be determined. If the Meeting is not adjourned, the Meeting will be deemed to have lapsed.

4.5.6. Inability to maintain a quorum If, during any Ordinary Meeting or Special Meeting or any adjournment of the Meeting, a quorum cannot be maintained, those members of the Council present or, if no Councillors are present, the Chief Executive Officer or, in the absence of the Chief Executive Officer, a member of Council staff authorised by the Chief Executive Officer, may adjourn so much of the Meeting as remains to a date and/or time to be determined.

4.5.7. Inability to achieve or maintain a quorum due to conflicts of

interest of Councillors 1. If a quorum cannot be achieved or maintained due to the disclosure of conflicts of interest

by one or more members of the Council, the Chair may defer the item of business in respect of which there is or is likely to be a disclosure of interest by one or more Councillors, and direct that the item of business lie on the table to be considered at the next available Meeting when a quorum can be reached.


2. If it is likely that it will not be possible to achieve a quorum at a later Meeting due to the disclosure of conflicts of interest by one or more members of the Council, that item of business will lie on the table until the Chief Executive Officer is able to obtain an exemption from the Minister.

4.5.8. Adjournments by the Council The Council may adjourn any Meeting to another date or time.

4.5.9. Adjourned meetings 1. The Chief Executive Officer or a member of Council staff authorised by the Chief

Executive Officer must give notice to each Councillor of the date, time and place to which the Meeting stands adjourned and of the business remaining to be considered.

2. If it is impracticable for the notice given under subclause 1 to be in writing, the Chief Executive Officer must make reasonable endeavours to give notice by telephone, email, in person or by some other means to each Councillor.

4.5.10. Time limits for meetings

1. An Ordinary Meeting or a Special Meeting must not continue after 10pm unless a majority of the Councillors present vote in favour of its continuance for up to 30 minutes.

2. A Meeting may only be continued for a maximum of two 30 minute periods.

3. In the absence of such continuance as provided for in subclauses 1 and 2, the Meeting must stand adjourned to a time, date and place announced by the Chair immediately prior to the Meeting standing adjourned. In that event, the provisions of subclause 4.1 apply.

4.5.11. Cancellation or postponement of a Council Meeting

1. The Chief Executive Officer may, in the case of an emergency necessitating the cancellation or postponement of a Council Meeting, cancel or postpone an Ordinary Meeting or a Special Meeting.

2. The Chief Executive Officer must submit to the Minister and the immediately following Ordinary Meeting a written report on any exercise of the power conferred by subclause 1.

4.5.12. Call of the Council

1. A Call of the Council is provided for in section 85 of the Act. It is generally reserved for occasions on which all Councillors are required to attend and remain throughout a Council meeting lest a council be deprived of a quorum and be unable to transact an item of business which has, in the past, not been transacted because of some Councillors absenting themselves from the meeting and preventing proper consideration of the matter.

2. A Call of the Council Meeting must be treated as a Special Meeting.


3. If a Call of the Council Meeting has been required, immediately after the opening of the meeting:

a. the Chief Executive Officer must call the name of:

b. the Mayor; and

c. each Councillor in alphabetic order;

d. each person present must answer to his or her name;

e. all excuses for absence must be considered; and

f. as to each excuse the question:

“Is the excuse of Cr_______ a reasonable excuse to the satisfaction of Council?” must be put to the vote.

If a Councillor does not attend within 30 minutes after the time fixed for a Call of the Council meeting, or remain at the meeting, the Chief Executive Officer must immediately advise in writing the Minister responsible for administering the Act. The Minister will then determine whether the Councillor’s excuse for not attending is reasonable, and will also determine whether the Councillor is capable of remaining in office.

4.6. Business of meetings

4.6.1 Overview The business to be transacted at a Council meeting is contained in the agenda provided to Councillors and available to the community on the Council’s website. The Chief Executive Officer oversees preparation of the agenda and determines the order of business to facilitate open, efficient and effective processes of government. The Council can admit an item of urgent business in accordance with subclause 4.6.9.

4.6.2 Agenda Items

1. No business can be dealt with at an Ordinary Meeting unless it is:

a. contained in the agenda; or

b. admitted as urgent business under subclause 4.6.9.

2. The Chief Executive Officer may include any matter on the agenda for an Ordinary Meeting which the Chief Executive Officer thinks should be considered at the Meeting.

4.6.3 Accessibility

1. The Council will conduct Council Meetings at a venue that is accessible in accordance with the Disability Discrimination Act 1992.

2. A Councillor or a member of the public may, at least four business days prior to a Council meeting, request that the Chief Executive Officer provide language or communication support at the Meeting.

3. If a request has been made under subclause 2. the Chief Executive Officer will determine the level of language or communication support to be provided, including the use of interpreters or other technologies, to assist a person in accessing the Council meeting.


4.6.4 Audio recording of meetings

1. The Chief Executive Officer may make an audio recording of proceedings of an Ordinary Meeting, Special Meeting and Special Committee meeting (except where the meeting is closed to the public in accordance with section 89(2) of the Act) by means of a suitable audio device.

2. Any other person who wants to make an audio recording of a Council meeting must obtain the prior written consent of the Chief Executive Officer before noon on the day of the Meeting, which consent must not unreasonably be withheld.

3. The Chair may at any time during the Meeting withdraw any consent that has been given.

4. A person representing the media may be given written consent by the Chief Executive Officer to make audio recordings of meeting proceedings for the duration of one Council Year. The Chair may withdraw the consent that has been given at any time during a Meeting.

5. The Council will notify members of the public that an audio recording will be made of Meeting proceedings:

a. in writing on the agenda for the Meeting;

b. in writing by signage at the entrance to the meeting room; and

c. verbally by the Chair at the commencement of the Meeting.

4.6.5 Order of business 1. The order of business is to be determined by the Chief Executive Officer so as to

facilitate and maintain open, efficient and effective processes of government. At the commencement of this Local Law it will, for Ordinary Meetings, be:

a. Opening (including Acknowledgement of Country)

b. Statement of Commitment

c. Apologies/Leave of Absence

d. Disclosures of Conflict of Interest

e. Confirmation of Minutes of Previous Meetings

f. Public Question Time

g. Petitions

h. Notes/Record of Assemblies of Councillors and Special Committees

i. Officer Reports

i. Mayor and Councillors’ attendance at committees and civic functions

ii. Authorisation of signing and sealing of documents

iii. Reports by Officers

j. Councillor Reports


k. Notices of Motion

l. Rescission Motions

m. Urgent Business

n. Confidential Business

i. Confidential reports by Councillors

ii. Confidential reports from Committees

iii. Confidential reports by Officers

o. Reopening of Meeting to the Public

p. Closure of Meeting

4.6.6 Change to order of business Once an agenda has been provided to Councillors, the order of business for that Council Meeting may be altered only with the consent of the Council (refer Schedule A – Procedural Motions).

4.6.7 Reports by Councillors 1. A Councillor who is:

a. the Chair of an Advisory Committee or a Special Committee;

b. appointed by the Council as a member of a community consultative or reference committee ; or

c. a delegate, nominee or appointee to an external committee, body, association, group or working party

may present to the Council an account on the most recent deliberations of the committee, body, association, group or working party at the next practicable Council meeting.

2. A Councillor may present a report on any matter relevant to the whole of the Council.

4.6.8 Conflict of Interest

1. A Councillor must disclose any conflict of interest which that Councillor has in an item of business at the time specified in the agenda.

2. Nothing in subclause 1 takes away from a Councillor's duty under the Act to disclose the existence, nature and class of any conflict of interest which that Councillor has in an item of business immediately before the consideration or discussion of that item of business.

3. Members of Council staff in attendance at a Council meeting will disclose any conflict of interest that they have in an item of business listed on an agenda to be considered by the Council at a Council meeting, in addition to any other disclosures of the conflict of interest, already made in accordance with Council policy and the Act.

4.6.9 Urgent business 1. Business can only be admitted as urgent business by resolution of the Council, and only

then if it:

a. relates to or arises out of a matter which has arisen since distribution of the agenda; and


b. cannot be deferred until the next Ordinary Meeting without having a negative impact on the Council, the municipality or the local community; and

c. cannot be addressed through the Customer Request Management System.

2. A Councillor proposing that a matter be admitted as urgent business must lodge it in writing with the Chief Executive Officer by 4pm on the day of the Meeting.

3. The Chief Executive Officer will advise the Mayor of any matter that the Chief Executive Officer determines appropriate for the Council to consider admitting as urgent business.

4.7. Motions and debate

4.7.1 Overview 1. This section provides a description of the procedure for introducing a motion or

amendment, the rules of debate, foreshadowing a motion or amendment and the duty of the Chair in relation to accepting motions and amendments. It also describes the process for a Councillor lodging a notice of motion for consideration.

2. A flowchart depicting the procedure for motions and amendments is provided for reference in Schedule D.

4.7.2 Notices of Motion Councillors may ensure that an issue is listed on an agenda by lodging a Notice of Motion.

1. A Notice of Motion must be in writing (which includes an email), be signed by a Councillor, and be lodged with the Chief Executive Officer prior to noon four business days before the day of the Council meeting to allow sufficient time to include the Notice of Motion in the agenda to be provided to each Councillor in accordance with subclause 4.1.

2. The Chief Executive Officer must reject any Notice of Motion which:

a. is too vague;

b. is identical or substantially similar to a notice of motion or other motion that has been considered by the Council in the preceding six months;

c. is contrary to a previous decision of the Council or Council Policy;

d. is defamatory;

e. may be prejudicial to any person or the Council;

f. is objectionable in language or nature; or

g. is outside the powers of the Council.

3. The Chief Executive Officer may reject any Notice of Motion that relates to a matter that can be addressed through the Customer Request Management System.

4. If rejecting a Notice of Motion, the Chief Executive Officer must:

a. give the Councillor who lodged it an opportunity to amend it prior to rejection, if it is practicable to do so; and

b. if the Notice of Motion cannot be amended to the satisfaction of the Chief Executive Officer, notify, in writing, the Councillor who lodged it of the rejection and the reasons for the rejection.

5. The Chief Executive Officer may designate a Notice of Motion to be confidential in accordance with the relevant grounds contained in the Act.

6. The full text of any Notice of Motion accepted by the Chief Executive Officer must be included in the agenda.


7. The Chief Executive Officer may arrange for comments of members of Council staff to be provided to Councillors prior to the notice of motion being published in the agenda for the relevant Council meeting.

8. The Chief Executive Officer must cause all Notices of Motion to be numbered, dated and entered in the Notice of Motion register in the order in which they were received.

9. Except by leave of the Council, each Notice of Motion before any meeting must be considered in the order in which they were entered in the Notice of Motion register.

10. If a Councillor who has lodged a Notice of Motion is absent from the Council Meeting at which the notice of motion is to be considered, or fails to move the motion when called upon to do so by the Chair, any other Councillor may move the Notice of Motion.

11. If a Notice of Motion is not moved at the Council meeting at which it is listed, it lapses.

4.7.3 Duties of the Chair

1. Any motion which is determined by the Chair to be:

a. defamatory;

b. objectionable in language or nature;

c. vague or unclear in intention;

d. outside the powers of the Council; or

e. irrelevant to the item of business on the agenda and has not been admitted as urgent business, or purports to be an amendment but is not

must not be put to the Meeting.

4.7.4 Introducing a report 1. Before a written report is considered by the Council and any motion moved in relation to

such report, a member of Council staff may introduce the report by indicating in not more than three minutes: a. its background; and

b. the reasons for any recommendation which appears.

4.7.5 Introducing a motion or an amendment

1. The procedure for moving any motion or amendment is:

a. the mover may briefly state the nature of the motion and then must move it without speaking to it.

b. the motion must be seconded by a Councillor other than the mover. If a motion is not seconded, the motion lapses for want of a seconder.

c. if a motion or an amendment is moved and seconded the Chair must ask whether the motion is opposed and/or whether any Councillor wishes to speak to the motion.

d. if no Councillor indicates opposition or a desire to speak to the motion, the Chair may declare the motion or amendment carried without discussion.

e. if a Councillor indicates opposition or a desire to speak to the motion, then the Chair must call on the mover to address the Meeting.

f. after the mover has addressed the Meeting, the seconder may address the Meeting or reserve his or her right to address the Meeting.

g. after the seconder has addressed the Meeting (or after the mover has addressed the Meeting if the seconder does not address the meeting) the Chair must invite debate by calling on any Councillor who wishes to speak to the motion, providing an opportunity to alternate between those wishing to speak against the motion and those wishing to speak for the motion.

h. if, after the mover has addressed the Meeting, the Chair has invited debate and no Councillor speaks to the motion, the Chair must put the motion to the vote.


4.7.6 Right of reply 1. If there has been any opposition to a motion, the mover of a motion has a right of reply to

matters raised during debate.

2. After the right of reply has been taken or has been capable of being taken but subject to any Councillor exercising his or her right to ask any question concerning or arising out of the motion, the motion must immediately be put to the vote without any further discussion or debate.

4.7.7 Moving an amendment

1. Subject to subclause 2, a motion which has been moved and seconded may be amended by leaving out or adding words. Any added words must be relevant to the subject of the motion.

2. A motion to confirm a previous resolution of the Council cannot be amended.

3. An amendment must not be the negative of, or substantially contrary to, the motion.

4.7.8 Who may propose and debate an amendment 1. An amendment may be proposed or seconded by any Councillor, except the mover or

seconder of the original motion.

2. Any one Councillor cannot move more than two amendments in succession.

3. Any Councillor can debate an amendment irrespective of whether the Councillor has spoken or proposes to speak to the original motion.

4. Debate on an amendment must be confined to the terms of the amendment.

5. The mover of an amendment cannot exercise a right of reply.

4.7.9 How many amendments may be proposed

1. Any number of amendments may be proposed to a motion but only one amendment may be accepted by the Chair at any one time.

2. No second or subsequent amendment, whether to the motion or an amendment of it, may be taken into consideration until the previous amendment has been dealt with.

4.7.10 An amendment once carried 1. If the amendment is carried, the motion as amended then becomes the substantive

motion before the Meeting and can be further amended.

2. The mover of the original motion retains the right of reply to the substantive motion

4.7.11 Foreshadowing motions 1. At any time during debate a Councillor may foreshadow a motion so as to inform the

Council of his or her intention to move a motion at a later stage in the Council meeting, but this does not extend any special right to the foreshadowed motion.

2. A motion foreshadowed may be prefaced with a statement that in the event of a particular motion before the Chair being resolved in a certain way, a Councillor intends to move an alternative or additional motion.

3. The Chief Executive Officer or person taking the minutes of the Meeting is not expected to record foreshadowed motions in the minutes until the foreshadowed motion is formally moved.

4. A foreshadowed motion has no procedural standing and is merely a means of assisting the flow of a Council meeting.


4.7.12 Withdrawal of motions

1. Once a motion or amendment is seconded it cannot be withdrawn, except with the leave of the Chair and the consent of both the mover and seconder.

2. If the majority of Councillors object to the withdrawal of the motion, it may not be withdrawn.

4.7.13 Separation of motions Where a motion contains more than one part, a Councillor may request the Chair to put the motion to the vote in separate parts.

4.7.14 Chair may separate motions or allow motions to be moved

in a block

1. The Chair may decide to put any motion to the vote in separate parts.

2. The Chair may allow or request Councillors to move ‘like items’ in a block (en bloc).

4.7.15 Priority of address In the case of competition for the right of speak, the Chair must decide the order in which the Councillors concerned will be heard.

4.7.16 Motions in writing 1. The Chair may require that a complex or detailed motion be provided in writing or

displayed on a screen.

2. The Council may adjourn a Meeting while a motion is being written or the Council may defer the matter in the order of business, until the motion has been written.

4.7.17 Repeating motion and/or amendment The Chair may request the person taking the minutes of the Council meeting to read the motion or amendment to the Council meeting before the vote is taken.

4.7.18 Debate must be relevant to the motion

1. Debate must always be relevant to the motion before the Chair, and, if not, the Chair must request the speaker to confine debate to the motion.

2. If, after being requested to confine debate to the motion before the Chair, the speaker continues to debate irrelevant matters, the Chair may direct the speaker to be seated and not speak further in respect of the motion then before the Chair.

3. A speaker to whom a direction has been given under subclause 2 must comply with that direction.

4.7.19 Speaking times 1. A Councillor must not speak longer than the time set out below, unless granted an

extension by the Chair:

a. the mover of a motion or an amendment: five minutes

b. the seconder of a motion and any other Councillor: three minutes

c. the mover of a motion exercising a right of reply: two minutes.

2. Only one extension is permitted for each speaker.

3. Any extended speaking time must not exceed two minutes.


4.7.20 Addressing the Council Meeting

1. If the Chair so determines:

a. any person addressing the Chair must refer to the Chair as:

(i) Madam Mayor; or

(ii) Mr Mayor; or

(iii) Madam Chair; or

(iv) Mr Chair; or

(v) Mayor; or

(vi) Chair

as the case may be;

b. all Councillors, other than the Mayor, must be addressed as:

Councillor (family name);

c. all members of Council staff must be addressed as:

Mr or Ms (family name) as appropriate or by their official title; and

d. all members of the community must be addressed by title and family name.

2. For all Ordinary and Special Meetings any Councillor (except for the Chair) or person who addresses a Council meeting must stand and direct all remarks through the Chair unless granted an exemption by the Chair.

4.7.21 Right to ask questions

1. A Councillor may, when no other Councillor is speaking, ask through the Chair any question concerning or arising out of the motion or amendment before the Chair.

2. The Chair has the right to limit questions and direct that debate be commenced or resumed.

4.8. Procedural motions

4.8.1 Overview A procedural motion is a motion which deals with conduct of the meeting itself. Both the ‘adjournment of debate’ motion and the ‘closure’ motion contained in this Local Law seek to manage the business before the Chair and must be dealt with immediately by the Chair.

4.8.2 Procedural motions 1. Unless otherwise prohibited, a procedural motion may be moved at any time and must be

dealt with immediately by the Chair.

2. Procedural motions require a seconder.

3. Notwithstanding any other provision in this Local Law, procedural motions must be dealt with in accordance with the table at Schedule A.

4.9. Rescission motions

4.9.1 Overview This section provides a description of the circumstances and procedures under which a Council decision can be rescinded or altered. It also prescribes a procedure under which a Council policy can be altered or varied. A Notice of Rescission is a form of Notice of Motion. Accordingly, all provisions in this Local Law regulating notices of motion equally apply to Notices of Rescission.


4.9.2 Notice of Rescission

1. Motions to revoke, rescind or alter a previous resolution can be made in the following ways:

a. by Notice of Rescission delivered by a Councillor in accordance with subclause 2 d; or

b. by recommendation contained in an Officer’s report which is included in the agenda, that a previous decision be altered or revoked.

2. A Councillor may propose a Notice of Rescission provided:

a. it has been signed and dated;

b. the resolution proposed to be rescinded has not been acted on;

c. the effect of rescinding the resolution will not place the Council at significant legal, financial or other risk, including non-compliance with statutory obligations; and

d. the Notice of Rescission is delivered or sent electronically to the Chief Executive Officer setting out:

(i) the resolution to be rescinded; and

(ii) the Meeting at and date on which the resolution was made.

3. A resolution will be deemed to have been acted on if:

a. its content or substance has been communicated in writing by the Chief Executive Officer or a member of Council staff to a person whose interests are materially affected by it, including by the publishing of the unconfirmed minutes of a Council meeting on the website; or

b. a statutory process has been commenced so as to vest enforceable rights in or obligations on the Council or any other person.

4. The Chief Executive Officer or an appropriate member of Council staff must defer implementing a resolution which:

a. has not been acted on; and

b. is the subject of a Notice of Rescission which has been delivered or sent to the Chief Executive Officer in accordance with subclause 2 d unless deferring implementation of the resolution would have the effect of:

i. depriving the resolution of its usefulness; or

ii. placing the Council at significant legal, financial or other risk.

4.9.3 If Notice of Rescission lost If a motion to rescind or alter a previous resolution is lost, an identical or similar motion may not be put before the Council for at least six months from the date it was last lost, unless the Council resolves that the Notice of Rescission be re-listed at a future Meeting.

4.9.4 If Notice of Rescission not moved If a motion for rescission is not moved at the Meeting at which it is listed, it lapses.

4.9.5 Notice of Rescission may be moved by any Councillor A motion for rescission listed on an agenda may be moved by any Councillor present but may not be amended.


4.9.6 Notices of Rescission to be sequentially numbered The Chief Executive Officer must cause every Notice of Rescission received to be sequentially numbered and to be maintained in a register.

4.10. Points of order

4.10.1 Overview A point of order is taken when a Councillor draws the attention of the Chair to an alleged irregularity in the proceedings. A Councillor may make a point of order at any time during the Meeting if he or she considers that this Local Law or the Councillor Code of Conduct is not being complied with. This section describes valid points of order, the process for raising and ruling on a point of order, and the procedure if there is dissent from the Chair’s ruling.

4.10.2 Valid Points of Order

1. A point of order may be raised in relation to anything which:

a. is contrary to this Local Law;

b. does not comply with the Councillor Code of Conduct;

c. is irrelevant to the matter under consideration;

d. is outside the powers of the Council;

e. constitutes improper behaviour;

f. is offensive;

g. constitutes a tedious repetition of something already said;

h. is an act of disorder;

i. is prejudicial to any person or the Council; or

j. is a matter that should be considered in a session of a Meeting closed to the public in accordance with the Act.

4.10.3 Procedure for Point of Order A Councillor raising a point of order must identify the basis upon which they are making the point of order including a reference to any provision in this Local Law or the Councillor Code of Conduct. The Chair must not allow the point of order if the Councillor making it cannot identify the basis upon which they are making the point of order

4.10.4 Chair to decide The Chair must decide all points of order without entering into any discussion or comment, other than to confer with the Chief Executive Officer, or a member of Council staff authorised by the Chief Executive Officer for that purpose. The Chair must when ruling upon a point of order state the provision of legislation, rule, custom or practice upon which he or she is basing the ruling.

4.10.5 Chair may adjourn to consider 1. The Chair may adjourn the Meeting to consider a point of order but otherwise must rule

on it as soon as it is raised.

2. Before adjourning the Meeting, the Chair will indicate the duration of the adjournment and the time at which the Meeting will resume.

3. All other questions before the Council are suspended until the point of order is decided.


4.10.6 Dissent from chair’s ruling

1. A Councillor may move that the Council disagree with the Chair's ruling on a point of order, by moving a motion of dissent such as: ‘That the Chair’s ruling [set out the ruling] be dissented from’.

2. When a motion in accordance with subclause 1 is moved and seconded the Chair must leave the chair after the meeting has elected a temporary Chair.

3. The temporary Chair must invite the mover to state the reasons for his or her dissent and the Chair may then reply.

4. The temporary Chair must put the motion in the following form:

‘That the Chair’s ruling be dissented from.’

5. If the vote is in the negative, the Chair resumes the chair and the Meeting proceeds.

6. If the vote is in the affirmative, the Chair must resume the chair then reverse or vary (as the case may be) his or her previous ruling and proceed.

7. The defeat of the Chair's ruling is in no way a motion of censure or no-confidence in the Chair.

4.11. Public question time

4.11.1 Overview 1. The Chair and Councillors, while encouraging community participation in a Meeting

through the submission of questions, acknowledge that the Meeting is the primary decision-making forum of the Council and that there are a number of ways in which members of the community can participate in matters being considered by the Council.

2. At each Ordinary Meeting there is an opportunity for members of the community to submit questions to the Council.

4.11.2 Question time 1. There must be a public question time at every Ordinary Meeting to enable members of

the community to submit questions to the Council.

2. Public question time will not exceed 10 minutes in duration unless the Council resolves otherwise (in which case public question time may be extended for a further period of 10 minutes).

3. Public question time may only be extended for a maximum of two additional 10 minute periods.

4. Questions submitted to the Council on notice must be:

a. in writing, stating the name and address of the person submitting the question and generally be in a form approved by the Chief Executive Officer; and

b. lodged at the Customer Service Centre or submitted electronically at the Council email address prior to 10am on the day of the Ordinary Meeting.

5. While priority will be given to questions submitted on notice, if time permits, questions without notice will be accepted from members of the public present at the Meeting. The member of the community must stand to address the Council and state their name and residential address. If the number of questions exceeds the time available for public question time the Chair or the Chief Executive Officer may require the response to a question without notice to be put on notice. If a response is put on notice, a written response will be sent within five business days to the person who asked the question.

6. The Chief Executive Officer will cause a question submitted in a language other than English to be translated to English.


7. A question that cannot be translated prior to the commencement of the next Ordinary Meeting will be translated prior to the Ordinary Meeting scheduled after it and the submitter will be notified.

8. No person may submit more than two questions at any one Meeting.

9. If a person has submitted two questions to a Meeting, the second question:

a. may, at the discretion of the Chair, be deferred until all other persons who have submitted a question have had their questions asked and answered; or

b. may not be asked if the time allotted for public question time has expired.

10. Notwithstanding subclause 8, the Chair may determine that a question not be read, if the person who submitted the question is not present in the gallery at the time when the question is due to be read, and that the question be put on notice and a written response be provided to the submitter within five business days.

11. A question may be disallowed by the Chair if the Chair determines that it:

a. relates to a matter outside the duties, functions and powers of Council;

b. is defamatory, indecent, abusive, offensive, irrelevant, trivial or objectionable in language or substance;

c. may lead to a breach of the Council’s obligation to comply with information privacy principles or any Act;

d. is aimed at embarrassing a member of the Council or Council staff;

e. deals with a subject matter already answered; or

f. is a matter that may be deemed to be confidential in accordance with the Act.

12. Any question which has been disallowed by the Chair must be made available to any other Councillor upon request.

13. All questions and answers must be as brief as possible, and no discussion may be allowed other than by Councillors for the purposes of clarification.

14. Like questions may be grouped together and a single answer provided.

15. The Chair may nominate a Councillor, the Chief Executive Officer or another member of Council staff to respond to a question.

4.12. Petitions

4.12.1 Overview To facilitate a request by a member of the public for information or action in relation to a particular matter, a written petition to the Council must be in accordance with this section. A petition is a written request from members of the public for information or action in relation to a particular matter. The petition must be typed or printed (other than in pencil) without erasure and be received from at least 12 persons and signed by the persons and, except in cases of incapacity or sickness, whose names and physical addresses appear on a page which shows the whole of the petition

4.12.2 Procedure 1. For a petition to be presented at a Council meeting, the requirements of a petition as

shown in Schedule B must be met.

2. A petition received more than six days before the next Ordinary Meeting will be received at the next Ordinary Meeting.

3. The only motions that may be moved at the Ordinary Meeting in relation to the petition are:

a. That the petition be received;


b. That the petition be referred to an appropriate Special Committee for report; and

c. That the petition be considered at a specific time or in conjunction with a specific item.

4. Officers will channel all correspondence related to the petition through the petition organiser (or the first-named signatory).

5. In accordance with the Council’s commitment to privacy, only the issues raised in the petition, along with the number of signatories, will be included in the agenda and minutes.

4.13. Public submissions

4.13.1 Overview

1. There are a number of statutory powers conferred on the Council which require a public submission process under section 223 of the Act - these include adoption of key Council documents (such as the Council Plan), sale of land, discontinuance of roads and making of local laws. The public submission process requires the Council to give public notice of the proposal and to consider (and hear if requested) submissions received before making a final decision on the matter.

2. Outside the statutory section 223 process, members of the public only have a right to address the Council or committees established by the Council by prior arrangement. To enhance the consultative process and facilitate public participation and involvement of the community in Council decision making in accordance with good governance the Council has established a process under which arrangements may be made for members of the public to address a committee established by the Council. The processes in this Local Law are intended to regulate how the community can participate in a Meeting when all other consultation avenues have been completed or in the few instances where there is no specific consultation mechanism.

4.13.2 Provision for public submissions outside section 223

1. The public has two opportunities to participate in Special Committee meetings as follows:

a. a public submission in respect of an item listed on the agenda, or

b. a public submission may be made on any matter, providing it is not in contravention of this Local Law.

2. Any person wishing to address a Special Committee comprised of all Councillors must submit a ‘Request to be heard’ form by 10am on the day of the meeting. At the time of registering to speak persons must provide a summary of the matter on which they will be speaking.

3. Requests to speak will be registered strictly in the order of receipt of the request at the Council office.

4. At the commencement of the Meeting the Governance Coordinator or other member of Council staff authorised by the Chief Executive Officer will provide the Chair with a list of the names of the submitters and the order in which they will speak.

5. In instances where a number of persons wish to present the same point of view, the Chair at his or her discretion may request a speaker/speakers be nominated to represent them.


4.13.3 Position on the agenda – public submissions

1. Public submissions in relation to an item listed on the agenda will be heard immediately before the Officer report on the matter. A maximum of three minutes will be provided to each speaker.

2. Submissions made on any other matter will be heard at the beginning of the Meeting. A total of 12 minutes will be allocated immediately prior to consideration of business. A maximum of three minutes will be provided to each speaker.

4.13.4 Chair to outline the process

1. The Chair will:

a. inform the submitters that they will be called upon one at a time to make their presentations;

b. advise submitters that a three-minute limit applies to each presentation and they should keep points relevant to the issue and not repeat points made by other submitters if there is more than one submitter;

c. at the conclusion of each submission, the Chair will ask Councillors if they have any questions on the submission. Councillors should ask questions that display active listening and empathy for the individual/groups’ concerns and should not make contradictory remarks; and

d. advise submitters that there will be no public interjection during the Meeting and speakers will be called in the order of receipt of their application to be heard.

4.13.5 Procedures for submitters

1. Any person wishing to present written material that was not included in their written submission must provide a copy to the Governance Coordinator or other member of Council staff nominated for the purpose by 2pm four business days prior to the day of the Meeting to enable distribution to Councillors with the business papers.

2. No material will be distributed during the Meeting by any person, including Officers, without the permission of the Chair.

4.13.6 The legislation applying under section 223

1. The Act provides specific instances where a Council must give public notice of a particular proposal and gives a right to any person to make a submission under section 223 of the Act. When that occurs, the requirements of the Act must be complied with.

2. Local Government Victoria, Governance Practice Note 4, October 2011, Schedule F, provides guidelines to submitters to maximise their presentation to the Council.

3. The legislative requirements applying to submissions (under section 223 of the Act) include:

a. There will be a public notice in the Council’s official newspaper.

b. The public notice will contain information that:

i. advises in sufficient detail the matter on which a person can make a section 223 submission. In some cases, the legislation prescribes additional information that must be provided in the notice;

ii. advises that a person making a submission can request to be heard in person or to be represented by a person named in their submission; and

iii. specifies the date by which submissions must be received by the Council.

4. The public notice must also contain information about the day, time and place of the Meeting at which submissions will be heard. It should also include advice that Council


meetings are open to the public (unless grounds for closing the Meeting apply) and that copies of submissions made under section 223 of the Act will be made available for inspection.

5. In each case where section 223 submissions can be made, information containing personal details about submitters will be removed prior to release for public inspection in accordance with the Council’s commitment to privacy.

4.13.7 Planning for the hearing of submissions 1. A person who has requested to be heard in support of their written submission must be

provided with an opportunity to be heard.

2. Where a person has advised in their submission that they wish to be represented by a person who is named in the submission, that opportunity must be provided.

3. A person who has requested to be heard must be given reasonable notice of the day, time and place of the Meeting at which submissions will be heard if that has not already been provided in the public notice.

4. Where a submitter is a community group/organisation, it is preferable that the group selects a spokesperson to make the submission and that the Council be provided with the name and contact details of that spokesperson before the meeting at which submissions will be heard.

5. Submitters should be advised that three minutes will be allocated for each oral presentation.

6. No material will be distributed during the meeting by any person, including Officers without the permission of the Chair.

4.13.8 The process at meetings

1. Submissions under section 223 will be heard at a Special Committee Meeting, Ordinary Council Meeting or Special Council Meeting, and

a. Reports relating to matters where persons have a right to make a submission will generally be listed early on the agenda. The report will list the names of submitters who have been invited to make a presentation at the Meeting. Copies of all submissions received will be attached to the report.

b. At the meeting, the Chair will introduce the item and advise submitters that they will be called upon one at a time to make their presentation.

c. Submissions will be heard in the order that they were received at the Council Offices.

d. Submitters are each allocated three minutes in which to present their submission.

e. At the conclusion of each submission, the Chair will ask Councillors if they have any questions on the submission.

f. A decision will not be made at the Meeting at which submissions are heard. A future Meeting which will be open to the public will consider the submissions followed by a Meeting to make a decision on the matter.

4.13.9 Notice of decision to submitters All submitters must be advised in writing of the Council‘s final decision on the matter and the reasons for the decision.


4.14. Voting

4.14.1 Overview At the conclusion of debate on a matter before the Meeting, the Chair must put the question, motion or amendment to the vote. Each Councillor is entitled to one vote and voting must be by show of hands. The vote is determined by a majority of the Councillors present at the meeting at the time the vote is taken voting in favour of the motion. If a vote is tied, the Chair generally has a second vote. A second vote has traditionally been used to maintain the status quo, however, it is intended in this Local Law that it is used as a ‘deliberate vote’ for the Chair to make a decision in the best interest of the community.

4.14.2 How a motion is determined 1. To determine a motion before a Meeting, the Chair must first call for those in favour of the

motion, then those opposed to the motion and finally those abstaining from voting, and must then declare the result to the Meeting.

2. In the event of Councillors abstaining from voting on an item it is still a requirement for a majority of those present at the Meeting, including those abstaining from voting, to vote in favour of the motion for it to be adopted. If a majority of those present at the meeting abstain from voting the motion fails even if the majority who did vote, voted in favour.

4.14.3 Silence Voting must take place in silence.

4.14.4 Recount The Chair may direct that a vote be recounted to be satisfied of the result.

4.14.5 Second vote 4.14.6

1. In the event that the number of votes in favour of the matter is half the number of Councillors present, the Chair must exercise a second vote in accordance with the Act (section 90(1)(e)).

2. There are circumstances in which the Chair does not have a second vote and the matter is determined by lot – these are found in section 90(2) of the Act and relate to the election of the Mayor and the appointment of the Chair of Special Committees made up entirely of Councillors.

4.14.6 By show of hands 1. Voting on any matter is by show of hands.

2. A Councillor must be seated at the meeting table to cast a vote.

4.14.7 Procedure for a Division

1. Immediately after any motion is put to a Council meeting and before the next item of business has commenced, a Councillor may call for a division.

2. When a division is called for, the vote already taken must be treated as set aside and the division shall decide the question, motion or amendment.

3. When a division is called for, the Chair must:


a. ask each Councillor wishing to vote in the affirmative to raise a hand and, upon such request being made, each Councillor wishing to vote in the affirmative must raise one of his or her hands. The Chair must then state, and the Chief Executive Officer or person taking the minutes of the Council meeting must record, the names of those Councillors voting in the affirmative

b. then ask each Councillor wishing to vote in the negative to raise a hand and, upon such request being made, each Councillor wishing to vote in the negative must raise one of his or her hands. The Chair must then state, and the Chief Executive Officer or person taking the minutes of the Council meeting must record, the names of those Councillors voting in the negative

c. next ask each Councillor abstaining from voting to raise a hand and, upon such request being made, each Councillor abstaining from voting must raise one of his or her hands. The Chair must then state, and the Chief Executive Officer or person taking the minutes of the Council meeting must record, the names of those Councillors abstaining from voting; and

d. declare the result of the division.

4.14.8 No discussion once declared 1. Once a vote on a motion has been taken, no further discussion relating to the motion is

allowed unless the discussion involves a Councillor:

a. requesting, before the next item of business is considered, that his or her opposition to a resolution be recorded in the minutes of the Council meeting; or

b. calling for a division in accordance with subclause 4.14.7; or

c. foreshadowing a Notice of Rescission where a resolution has just been made, or a positive motion where a resolution has just been rescinded.

4.15. Minutes

4.15.1 Overview 1. The Chief Executive Officer is required to arrange for minutes of a Council meeting to be

kept in accordance with section 93 of the Act. Section 93 (6) specifies that the minutes of a

meeting of the Council or a Special Committee must—

a. contain details of the proceedings and resolutions made;

b. be clearly expressed;

c. be self-explanatory; and

d. in relation to resolutions recorded in the minutes, incorporate relevant reports or a summary of the relevant reports considered in the decision making process.

2. The minutes of a Council meeting must be submitted to the next appropriate Council

meeting for confirmation.

4.15.2 Keeping of Minutes 1. The Chief Executive Officer (or member of Council staff authorised by the Chief

Executive Officer to attend the Council meeting and to take the minutes of such meeting) must keep minutes of each Council meeting, and those minutes must record:

a. the date, place, time and nature of the Council meeting;

b. the names of the Councillors present and the names of any Councillors on leave of absence or who apologised in advance for their non-attendance;

c. the names and titles of the members of Council staff present who are not part of the gallery;


d. details of failure to achieve or maintain a quorum and any adjournment and the reason for the adjournment (whether as a result or otherwise);

e. any disclosure of a conflict of interest made by a Councillor;

f. arrivals and departures (including temporary departures) of Councillors during the course of the Council meeting;

g. each motion and amendment moved showing the mover and seconder (including motions and amendments that lapse for the want of a seconder);

h. the outcome of every motion, that is, whether it was put to the vote and the result (if carried, lost, withdrawn, lapsed, amended);

i. the vote cast by or abstention from voting of each Councillor upon a division;

j. the vote cast by or abstention from voting of any Councillor who has requested that his or her opposition to a resolution be recorded in the minutes;

k. details of any submissions made to the Council;

l. questions read and responses provided as part of public question time;

m. the failure of a quorum;

n. the time at which standing orders were suspended and resumed; and

o. the time the Council meeting was opened and closed, including any part of the Council meeting that was closed to members of the public.

2. A written record of an assembly of Councillors must be kept in accordance with section 80A of the Act.

3. The minutes should:

a. bear the date and time the Meeting was commenced, adjourned, resumed and concluded;

b. be consecutively page numbered; and

c. contain consecutive item numbers which are clearly headed with a subject title and, where appropriate, sub-titles.

4.15.3 Availability of Minutes 1. The minutes as recorded by the Chief Executive Officer (or other Officer authorised by

the Chief Executive Officer to attend the Council meeting and to take the minutes of such Council meeting) will be made available as the unconfirmed minutes to:

a. Councillors (electronically) within four Business Days of the Meeting; and

b. members of the public, by publishing on the Council’s website within five business days.

2. The confirmed minutes will be published on the Council’s website within five business days of confirmation - being at the next available Ordinary Meeting or meeting of the Special Committee (as the case may be).

4.15.4 Confirmation of Minutes

1. At every Council meeting the minutes of the preceding Council meeting(s) must be dealt with as follows:

a. a copy of the minutes must be delivered or sent electronically to each Councillor no later than 48 hours before the next Council meeting;

b. no debate or discussion is permitted on the confirmation of minutes except as to their accuracy as a record of the proceedings of the Meeting to which they relate;

c. if no Councillor indicates opposition, the Chair must ask for a motion for the minutes to be confirmed;


d. if a Councillor indicates opposition to the minutes, the Councillor must specify the particular item or items concerned and, after asking any questions to clarify the matter, can only move a motion to rectify the alleged error(s) in the minutes;

e. once the minutes are confirmed in their original or amended form the minutes must be initialled on each page and signed on the last page by the Chair of the Meeting at which they have been confirmed; and

f. the original signed copy of the minutes must be retained as permanent Council records.

4.16. Conduct and behaviour

4.16.1 Overview 1. This section describes the expected conduct and behaviour of members of the public or

visitors at a Council meeting, the related powers of the Chair and offences against this Local Law.

2. Conduct and behaviour, such as directly addressing Councillors, interjecting or other unruly behaviour, are inappropriate. Members of the public or visitors at a Council meeting or Special Committee meeting must ensure that their conduct or behaviour does not interfere with the business of the Council or Special Committee.

4.16.2 Recording of Meetings

1. A person must not, without the prior approval of the Chief Executive Officer, operate any audio or visual recording equipment at any Council meeting.

2. Nothing in subclause 1 applies to:

a. any member of Council staff operating any recording device for the purpose of preparing draft minutes of the Council meeting; or

b. any security camera installed in any place in which a Council meeting is held.

3. If the Chair gives approval under subclause 1, the Chair must as soon as practicable after opening the Council meeting, announce the giving of approval and advise those who are in attendance that their voices are likely to be recorded during the course of the Council meeting.

4.16.3 Public addressing the Meeting

1. Members of the public may only address the Council in accordance with subclause 4.13.

2. Any member of the public addressing the Council must extend due courtesy and respect to the Council and the processes under which it operates and must take direction from the Chair whenever called on to do so.

3. Members of the public present at a Council meeting must remain silent during the proceedings other than when specifically invited to address the Council.

4.16.4 Chair may remove 1. Visitors must not interject or take part in the debate. Silence must be preserved in the

gallery at all times.

2. The Chair may order and cause the removal of any person, not being a Councillor, who disrupts any meeting or fails to comply with a direction.

3. A person removed from a Meeting must leave the premises or move to a public area of the premises where they can no longer disrupt the meeting.


4.16.5 Removal from meeting room The Chair may ask the Chief Executive Officer or a member of the Victoria Police to remove from the meeting room any person who acts in breach of this Local Law and whom the Chair has ordered to be removed from the gallery under subclause 4.16.4.

4.16.6 Conduct of Councillors The conduct of Councillors at Council meetings is governed by the Act, this Local Law and the Councillor Code of Conduct. Schedule E provides a pictorial overview of the Councillor conduct framework introduced in the Local Government Amendment (Improved Governance) Act 2015.

4.16.7 Chair may adjourn disorderly meeting If the Chair is of the opinion that disorder at a Council meeting or in the gallery makes it desirable to adjourn the Council meeting, the Chair may adjourn the Council meeting to a later time on the same day or to some later day as the Chair thinks proper. In that event, the provisions of subclauses 4.5.8 and 4.5.9 apply.


4.16.8 Offences The following table has effect, by identifying breaches of specified provisions in this Local Law as

offences which attract the Penalty Units shown.

Local Law Provision

Offence Penalty Units

3. Using the Common Seal or any device resembling the Common Seal without the authority of the Council

20

4.16.2 A person to whom clause 4.16.2 applies to act contrary to that subclause, by operating any audio recording equipment at a Council Meeting without the prior approval of the Chief Executive Officer

5

4.16.1 (2) Displaying placard or poster within Council Chamber or building

5

4.16.1 (2) Displaying objects or words or obstructing entrance to Council Meeting Room or Civic Centre

5

4.12 Fraudulently signing a petition or joint letter 5

5. A Councillor failing to comply with any sanction imposed under the Councillor Code of Conduct

5

4.16.6 A Councillor refusing to withdraw an expression considered by the Chair to be offensive or disorderly, and apologise when called on twice by the Chair to do so

5

4.16 Any person, not being a Councillor, who is guilty of any improper or disorderly conduct, to not leave the Chamber when requested by the Chair to do so

5

4.16 Call to Order – any person failing to comply with a direction of the Chair in relation to the conduct of the meeting and the maintenance of order

2

4.16.9 Penalty The Penalty Units set out in subclause 4.16.8 represent the maximum amount which a Court can order a person to pay. Even then, it requires a prosecution to be brought against the person in the Magistrates' Court. The value of a Penalty Unit is $100.

4.16.10 Alternative to prosecution

1. An alternative to prosecution is the infringement notice procedure. An authorised officer may, as an alternative to prosecution, issue an infringement notice in accordance with the Infringements Act 2006 and associated regulations to any person who has committed an offence against this Local Law.

2. The fixed penalty in respect of an infringement notice served on a person is the amount set out in clause 4.16.8 to this Local Law.

3. Any infringement notice issued to a person under this Local Law may be served on or given to the person by:

a. delivering the notice to the person;


b. leaving the notice at his or her usual or last known place of residence or business with a person apparently over the age of 16 years and apparently residing or employed at that place; or

c. sending the notice by registered post addressed to the person at his or her last known place of residence or business.

4. The relevant Authorised Officer may withdraw the infringement notice within 28 days after its date by sending a notice to the person on whom the infringement notice was served.

5. If the person pays the penalty before the infringement notice is withdrawn, the person is entitled to a refund of the penalty.

6. If the person pays the penalty within the time specified in the notice or, if the relevant Authorised Officer allows, before a summons is served on the person in respect of the infringement, the following provisions apply:

a. further proceedings for an offence are not to be taken against the person; and

b. there is to be no conviction recorded against the person for the infringement.

7. A penalty paid under this clause must be applied as if the person who paid it was convicted of the infringement in a Magistrates' Court on the information of a person authorised by the Council to bring proceedings on its behalf.

8. If a person served with an infringement notice has not paid the penalty within the time specified in the notice or any extension of that time or if an infringement notice is not withdrawn proceedings may still be taken or continued to prosecute the alleged offence.

9. To avoid prosecution, the penalty indicated must be paid within 28 days after the day on which the infringement notice is issued.

10. A person issued with an infringement notice is entitled to defend any prosecution in court.

4.17. Suspension of standing orders

4.17.1 Overview

1. Standing Orders are the rules made to govern the procedure at Council meetings and Special Committee meetings contained in this Local Law. The Standing Orders cover a range of matters including the order of business, rules of debate, procedural motions and election procedures.

2. Suspension of standing orders should be used to enable full discussion of any issue without the constraints of formal meeting procedure. The purpose of this action is to enable the formalities of meeting procedure to be temporarily disposed of while an issue is discussed.

4.17.2 Suspension of Standing Orders

1. To facilitate the business of a Council meeting, the Council may, by resolution, suspend standing orders.

2. The suspension of standing orders should not be used purely to dispense with the processes and protocol of the government of the Council.

3. No motion to suspend standing orders can be accepted by the Chair during a second continuance of a Meeting beyond 10pm agreed in accordance with subclause 4.5.10.

4. No motion can be accepted by the Chair or lawfully be dealt with during any suspension of standing orders, except a motion to resume Standing Orders.

5. Suspending standing orders should be used at the discretion of the Council and managed by the Chair of the Meeting.


6. Even though standing orders are suspended, the Chair is still responsible for ensuring that the meeting continues in an orderly and courteous manner. The Chair is entitled to suspend the Meeting until he or she is satisfied that the Meeting can resume in an orderly and courteous way. During the suspension of standing orders the offences under this Local Law continue to apply. This includes the Offences which relate to improper and disorderly conduct and failing to obey a direction of the Chair.

4.18. Miscellaneous

4.18.1 Overview This section provides for policies, guidelines and procedures to support the operation of this Local Law.

4.18.2 Procedure not provided in Local Law In all cases not specifically provided for by this Local Law, the Council may determine the procedure to apply by resolution.

4.18.3 Policies and guidelines The Council may adopt any policies or guidelines from time to time for the purpose of exercising any discretions conferred by this Local Law

4.19. Special and Advisory Committees

4.19.1 Overview The Council may establish Special Committees and advisory committees as part of its governance framework. Special Committees can comprise Councillors, members of Council staff and others. As the Council may delegate specific powers, duties and functions to Special Committees, their meeting procedures need to be formal. Meeting procedures for most advisory committees, however, are typically less formal. This section describes how the Local Law applies to meetings and proceedings of Special Committees and advisory committees.

4.19.2 Application to Special Committees generally 1. If the Council establishes a Special Committee composed solely of Councillors, all of the

provisions of subclauses 4.1 to 4.18 of this Local Law apply to meetings of the Special Committee.

2. For the purposes of subclause 4.19.2.1 a reference in subclauses 4.1 to 4.18 of this Local Law to:

a. a Council meeting is to be read as a reference to a meeting of the Special Committee;

b. a Councillor is to be read as a reference to a member of the Special Committee; and

c. the Mayor is to be read as a reference to the Chair of the Special Committee.


4.19.3 Application to Special Committees specifically 1. Notwithstanding subclause 4.19.2, if the Council establishes a Special Committee not

composed solely of Councillors:

a. the Council may; or

b. the Special Committee may, with the approval of the Council

resolve that any provision(s) of subclauses 4.1 to 4.18 is (or are) not to apply, whereupon

that provision (or those provisions) will not apply until the Council resolves, or the Special

Committee with the approval of the Council, resolves otherwise.

4.19.4 Application to Advisory Committees 1. If the Council establishes an advisory committee:

a. the Council may; or

b. the advisory committee may, with the approval of the Council

resolve that any provision(s) of subclauses 4.1 to 4.18 is (or are) to apply, whereupon that provision (or those provisions) will apply until the Council resolves, or the advisory committee with the approval of the Council resolves, otherwise.

2. For the purposes of subclause 1, a reference in subclauses 4.1 to 4.18 of this Local Law to: a. a Council meeting is to be read as a reference to a meeting of the advisory

committee;

b. a Councillor is to be read as a reference to a member of the advisory committee;

c. the Mayor is to be read as a reference to the Chair of the advisory committee; and

d. the Chief Executive Officer is to be read as a reference to an officer of the Council.

4.19.5 Election of Chairs of Special Committees

1. Any election for: a. Chair of a Special Committee in accordance with section 87(3) of the Act; or

b. temporary Chair of a Special Committee in accordance with section 87(4) of the Act

will be regulated by subclauses 2.1 to 2.3 (inclusive) of this Local Law as if the reference to the Mayor is a reference to the Chair of the Special Committee or temporary Chair (as the case may be).

4.19.6 Adoption of recommendation If a recommendation of an advisory committee or a Special Committee is adopted by the Council, what has been recommended becomes a resolution of the Council.


5. Councillor Code of Conduct This Code, which incorporates the statutory requirements specified for a Code of Conduct in accordance with section 76C of the Local Government Act 1989, was adopted by resolution of the Benalla Rural City Council on 25 May 2016.


Councillor Code of Conduct

May 2016

42


Table of Contents 1. Overview

1.1 Introduction

1.2 Role of Mayor and Councillors

1.3 Purpose of the Councillor Code of Conduct

1.4 Background

2. Conduct Obligations

2.1 Functions of the Chief Executive Officer

2.2 Use of Council resources

2.3 Gifts and benefits

2.4 Communication

2.5 Personal dealings with Council

3. Prohibited Conduct

3.1 Misuse of position

3.2 Improper direction and improper influence

3.3 Confidential information

3.4 Conflict of interest

3.5 Other legislative requirements

4. Dispute Resolution

4.1 Internal resolution procedure - direct negotiation

4.2 External mediation

4.3 Internal resolution procedure – arbiter


1. Overview

1.1 Introduction

This Code, which incorporates the statutory requirements specified for a Code of Conduct in accordance with section 76C of the Local Government Act 1989, was adopted by resolution of the Benalla Rural City Council on 25 May 2016. The Local Government Act 1989 (the Act) requires a Council to develop and maintain a Councillor Code of Conduct. The Councillor Code of Conduct is required to be periodically reviewed. References throughout this document to sections refer to sections of the Local Government Act 1989 unless otherwise specified. Pursuant to the Act, as councillors of Benalla Rural City, we are committed to working together in the best interests of the people within our municipality and to discharging our responsibilities to the best of our skill and judgement. Our commitment to working together constructively will enable us to achieve our vision which is to have a sustainable, thriving and cohesive community where lifestyle, culture and safety are important in a manner that is consistent with our values which are as follows: Leadership We will provide strong, caring and innovative leadership Openness and honesty We will act with integrity, transparency and truthfulness Respect We will respect the Community, Councillors and Council staff Fairness and Equity We will make decisions based on sound research and information and participative decision making which meet the needs of the whole community Accountability We will act conscientiously to govern for the community of the Benalla Rural City, making plans and decisions based on sound evidence

1.2 Role of Mayor and Councillors The role of a councillor is now defined in legislation to provide greater clarity and better understanding of what is expected of councillors. Section 65 of the Act states the role of the Mayor and Councillors is to provide leadership for the good governance of Benalla Rural City. The role of members of the council also includes: (a) to participate in the decision-making of the council; and (b) to represent the local community in that decision-making; and


(c) to contribute to the strategic direction of the council through the development and review of key strategic documents of the council, including the council plan.

In performing the role of a Councillor, a Councillor must: (a) consider the diversity of interests and needs of the local community; and (b) observe principles of good governance and act with integrity; and (c) provide civic leadership in relation to the exercise of the various functions and

responsibilities of the council under this Act and other Acts; and (d) participate in the responsible allocation of the resources of council through the

annual budget; and (e) facilitate effective communication between the council and the community.

Section 73AA of the Act describes the functions of the Mayor as follows: (a) provide guidance to Councillors about what is expected of a Councillor

including in relation to the role of a Councillor under section 65, and the observation of the Councillor conduct principles and the Councillor Code of Conduct by Councillors under sections 76B, 76BA and 76C; and

(b) act as the principal spokesperson for the council; and (c) support good working relations between councillors; and (d) carry out the civic and ceremonial duties of the office of Mayor. The role of a Councillor does not include the performance of any functions that are specified as functions of the Chief Executive Officer under section 94A of the Act. 1.3 Purpose of the Councillor Code of Conduct The purpose of local government is to provide a system under which Councils perform the functions and exercise the powers conferred by or under the Local Government Act 1989 and any other act for the peace, order and good government of their municipal districts. Good governance is fundamental to a council being able to perform its purpose. Good governance relies on good working relations between councillors.

This Code: (a) sets out the standards of conduct expected of elected representatives (b) endeavours to foster good working relations between Councillors to enable

Councillors to work constructively together in the best interests of the local community

(c) mandates Councillor conduct designed to build public confidence in the integrity of local government.


1.4 Background

A Council must, within four months after a general election: call a special meeting solely for the purpose of reviewing the Councillor Code of Conduct; and at that special meeting, approve any amendments to be made to the Councillor Code of Conduct determined by the Council to be necessary following the review of the Councillor Code of Conduct. A copy of this Code of Conduct (as amended from time to time) must be: (a) given to each councillor (b) available for inspection at the council office and any district offices (c) published on the Council’s internet website The Act has been amended to provide the requirement that all incoming councillors commencing from the 2016 general election must read their council’s code of conduct and make a declaration that they will abide by it before taking (and remaining) in office. It is the personal responsibility of councillors to ensure that they are conversant with, and comply with, the provisions of this Code. A Councillor Code of Conduct must include an internal resolution procedure for dealing with any alleged contraventions of the Code. A Council can apply sanctions to a Councillor who has been found to have contravened the Councillor Code of Conduct. Failure by a Councillor to comply with the Council’s internal resolution procedure or to comply with a written direction given by the Council under section 81AB of the Act (sanctions for contravention of the Code) constitutes misconduct by a Councillor. If a Councillor Conduct Panel makes a finding of misconduct against a Councillor, the Panel may apply further sanctions against that Councillor. A Councillor Code of Conduct: (a) must include the internal resolution procedure for dealing with an alleged

contravention of the Councillor Code of Conduct; (b) may set out processes for the purpose of resolving an internal dispute between

Councillors; (c) must include any provisions prescribed for the purpose of this section; (d) must include provisions addressing any matters prescribed for the purpose of

this section; (e) may include any other matters relating to the conduct of Councillors which the

Council considers appropriate.


2. Conduct Obligations

The Act places obligations on Councillors in relation to the way they should act. The Act also prohibits certain conduct by Councillors and prescribes penalties for Councillors who contravene these provisions. As Councillors of Benalla Rural City, we undertake to comply with the various provisions of the Act and with this Code of Conduct. Section 76B of the Act sets out the primary principle of councillor conduct as follows: ‘It is the primary principle of Councillor conduct that, in performing the role of a Councillor, a Councillor must: act with integrity impartially exercise his or her responsibilities in the interests of the local community not improperly seek to confer an advantage or disadvantage on any person.’ Section 76BA of the Act sets out the general principles of councillor conduct as follows: ‘In addition to acting in accordance with the primary principle of Councillor conduct specified in section 76B, in performing the role of a Councillor, a Councillor must: (a) avoid conflicts between his or her public duties as a Councillor and his or her

personal interests and obligations (b) act honestly and avoid statements (whether orally or in writing) or actions that

will or are likely to mislead or deceive a person (c) treat all persons with respect and have due regard to the opinions, beliefs,

rights and responsibilities of other Councillors, Council staff and other persons (d) exercise reasonable care and diligence and submit himself or herself to the

lawful scrutiny that it is appropriate to his or her office (e) endeavour to ensure that public resources are used prudently and solely in the

public interest (f) act lawfully and in accordance with the trust placed in him or her as an elected

representative (g) support and promote these principles by leadership and example and act in a

way that secures and preserves public confidence in the office of Councillor.’ Councillors are required to conduct themselves in observance of the primary principle and the general principles. Specifically we confirm we will adhere to the following behavioural principles: (a) treat members of the community with dignity and ensure that neither offence or

embarrassment are caused by our comments, actions or behaviour (b) treat other Councillors with respect even when disagreeing with their views (c) debate contentious issues without resorting to personal acrimony or insult (d) ensure punctual attendance at Council meetings (e) act with courtesy towards Council officers and avoid intimidatory behaviour (f) observe the objectives of the Protected Disclosure Act 2012 and not accept

improper conduct by Councillors or Council officers, or the taking of reprisals against a person who discloses such conduct.


We will approach our role as Councillors with care and diligence by: (a) Maximising our attendance at Council and committee meetings and assemblies

of councillors. (b) striving to be informed on issues to be considered at meetings and forums so

we can contribute to the best outcome for the community. (c) Fully participating in council forums and public events, fostering community

cohesion and encouraging participation in civic life (d) Participating in learning and development opportunities offered by the Council

as part of our commitment to continuing professional development as Councillors representing Benalla Rural City.

2.1 Functions of the Chief Executive Officer

The Chief Executive Officer is responsible for: (a) establishing and maintaining an appropriate organisational structure for the

Council (b) ensuring that the decisions of the Council are implemented without undue delay (c) the day to day management of the Council’s operations in accordance with the

Council Plan (d) developing, adopting and disseminating a code of conduct for Council staff (e) providing timely advice to the Council (f) ensuring that the Council receives timely and reliable advice about its legal

obligations under the Local Government Act and any other Act (g) supporting the Mayor in the performance of the Mayor’s role as Mayor (h) carrying out the Council’s responsibilities as a deemed employer with respect to

Councillors, as deemed workers, which arise under or with respect to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013

(i) performing any other function or duty of the Chief Executive Officer specified in the Local Government Act or any other Act.

The Chief Executive Officer is responsible for managing interactions between Council staff and Councillors including by ensuring that appropriate policies, practices and protocols are in place defining appropriate arrangements for interaction between Council staff and Councillors. We undertake to respect the functions of the Chief Executive Officer and to comply with the policies, practices and protocols defining appropriate arrangements for interaction between Council staff and Councillors that are put in place by the Chief Executive Officer.


2.2 Use of Council resources

We commit to using Council resources effectively and economically. We will: (a) maintain adequate security over Council property, facilities and resources

provided to us to assist in performing our role and will comply with any Council policies applying to their use

(b) ensure any expense claims that we submit are in compliance with the relevant legislative provisions and Council policy

(c) not use Council resources, including services of Council officers, for private purposes, unless legally or properly authorised to do so, and payments are made where appropriate

(d) not use public funds or resources in a manner that is improper or unauthorised. 2.3 Gifts and benefits

We will scrupulously avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to gain favourable treatment from an individual Councillor or from the Council. We will take all reasonable steps to ensure that our immediate family members (parents, spouse, children and siblings) do not receive gifts or benefits that give rise to the appearance of being an attempt to gain favourable treatment. Where a gift is received on behalf of the Council, the gift becomes the property of the Council. For transparency and accountability purposes, these gifts will be recorded in the Councillors Gifts Register with a notation that it is the property of the Council. We recognise that gifts equal to or above the gift disclosure threshold received in the twelve months prior to election from a person or body that has a direct interest in a matter may give rise to an indirect interest because of receipt of an applicable gift. We will record all campaign donations in our campaign donation return.


2.4 Communication

We recognise that as representatives of the local community, we have a primary responsibility to be responsive to community views and to adequately communicate the position and decisions of Council. We undertake to comply with the Council’s media and social media policies and respect the functions of the Mayor and Chief Executive Officer to be the spokespersons for the Council in accordance with our policies. Media enquiries are generally received through the Communications Department which makes arrangements for a response from the Mayor, Chief Executive Officer or other nominated person. We acknowledge that individual Councillors are entitled to express their personal opinions through the media. Where we choose to do so, we will make it clear that such comment is a personal view and does not represent the position of the Council. We undertake to ensure that any such comment is devoid of comments that could reasonably be construed as being derogatory, offensive or insulting to any person. 2.5 Personal dealings with Council

When we deal with our Council in our private capacity (e.g. as a ratepayer, recipient of a Council service or applicant for a permit) we do not expect, nor will we request, preferential treatment in relation to any such private matter. We will avoid any action that could lead Council officers or members of the public to believe that we are seeking preferential treatment.

3. Prohibited Conduct

The Local Government Act 1989 has specific provisions that prohibit Councillors from certain conduct. This conduct relates to: Misuse of position Improper direction and improper influence Confidential information Conflict of interest Electoral conduct These matters are set out below in order to provide a complete picture of the obligations on Councillors. While these matters are not of a nature to be addressed as a contravention of the Councillor Code of Conduct, we undertake to comply with the prohibitions on Councillor conduct set out below. These matters should more properly be the subject of an application to a Councillor Conduct Panel for a finding of serious misconduct or a complaint to the Local Government Inspectorate or the Independent Broad-based Anti-corruption Commission depending on the nature of the allegation.


(Note: Serious misconduct by a Councillors means: the failure of a Councillor to attend a Councillor Conduct Panel hearing formed to

make a finding in respect of that Councillor; or the failure of a Councillor to give a Councillor Conduct Panel any information the

Councillor Conduct Panel has requested the Councillor to give; or the failure of a Councillor to comply with a direction of a Councillor Conduct

Panel; or continued or repeated misconduct by a Councillor after a finding of misconduct

has already been made in respect of the Councillor by a Councillor Conduct Panel; or

bullying of another Councillor or member of Council staff by a Councillor; or conduct by a Councillor in respect of a member of Council staff in contravention

of section 76E; or the release of confidential information by a Councillor.) 3.1 Misuse of position

A Councillor must not misuse his or her position to: gain or attempt to gain, directly or indirectly, an advantage for themselves or for

any other person; or cause, or attempt to cause, detriment to the Council or another person. Circumstances involving the misuse of position by a Councillor include: (a) making improper use of information acquired as a result of the position he or she

held or holds; or (b) disclosing information that is confidential information within the meaning of

section 77(2); or (c) directing, or improperly influencing, or seeking to direct or improperly influence, a

member of Council staff in contravention of section 76E; or (d) exercising or performing, or purporting to exercise of perform, a power, duty or

function that he or she is not authorised to exercise or perform; or (e) using public funds or resources in a manner that is improper or unauthorised; or (f) failing to disclose a conflict of interest as required under this Division. 3.2 Improper direction and improper influence A Councillor must not direct, or seek to direct, a member of Council staff: in the exercise of a delegated power, or the performance of a delegated duty or

function of the Council; or in the exercise of a power or the performance of a duty or function exercise or

performed by the member as an authorised officer under the Local Government Act or any other Act; or

in the exercise of a power or the performance of a duty or function the member exercises or performs in a position the member holds under another Act; or


in relation to advice provided to the Council or a special committee, including advice in a report to the Council or special committee.

3.3 Confidential information A Councillor must not disclose information that the he or she knows, or should reasonably know, is confidential information in accordance with section 77 of the Act. As Councillors we will familiarise ourselves with the requirements of the Information Privacy Act 2000 regarding the access, use and release of personal information. A Councillor may disclose information that he or she knows is confidential information in the following circumstances: (a) for the purposes of any legal proceedings arising out of this Act (b) to a court or tribunal in the course of legal proceedings (c) pursuant to an order of a court or tribunal (d) to the Chief Municipal Inspector to the extent reasonably required by the Chief

Municipal Inspector (e) to a Councillor Conduct Panel in the course of a hearing and for the purposes

of the hearing (f) to a municipal monitor to the extent reasonably required by the municipal

monitor (g) to the extent reasonably required for any other law enforcement purposes. 3.4 Conflict of interest If a Councillor has a conflict of interest in a matter which is to be considered or discussed at a meeting of the Council or special committee, an assembly of councillors, an audit committee or a section 223 committee, the Councillor must, if he or she is attending the meeting, disclose the conflict of interest in accordance with the provisions of the Act (unless any of the exemptions apply). A Councillor has a direct interest in a matter if there is a reasonable likelihood that the benefits, obligations, opportunities or circumstances of the Councillor would be directly altered if the matter is decided in a particular way. This includes where there is a reasonable likelihood that the person will receive a direct benefit or loss that can be measured in financial terms and where the Councillor, or together with a member or members of the person’s family have a controlling interest in a company or other body that has a direct interest in the matter. A conflict of interest also exists where a Councillor has any of the six types of indirect interest. These indirect interests are: (a) Close association - an indirect interest because of a close association with a

family member, relative or member of the household who has a direct interest (b) Indirect financial interest - an indirect financial interest, including holding shares

above a certain value in a company with a direct interest (c) Conflicting duty - a conflicting duty arising from having particular responsibilities

to a person or organisation with a direct interest


(d) Applicable gift - receipt of an applicable gift or gifts from a person or organisation with a direct interest

(e) Interested party - a party to the matter by having become involved in civil proceedings in relation to the matter

(f) Residential amenity – this occurs where there is a reasonable likelihood that the person’s residential amenity will be altered if the matter is decided in a particular way.

3.5 Other legislative requirements The Act includes requirements in relation to Councillor eligibility, electoral conduct and the election period (caretaker period). Alleged contraventions of these provisions are not to be dealt with by the Council using the internal resolution procedure in this Code of Conduct. Allegations in relation to contravention of these provisions should be directed to the Victorian Electoral Commission or the Local Government Inspectorate, depending on the nature of the allegation, for investigation and any consequent action. We undertake to comply with the various provisions relating to these matters.

4. Dispute Resolution

Before commencing any formal dispute resolution process, as Councillors that may be party to a dispute, we undertake to use our best endeavours to resolve the matter in a courteous and respectful manner between ourselves. Where, after these endeavours have been exhausted, the matter still remains unresolved, we may resort to any or all of the Council’s three dispute resolution processes. The Council’s dispute resolution process involves: direct negotiation between the parties in dispute, with the Mayor in attendance to

provide guidance external mediation by an independent mediator engaged by the Chief Executive

Officer an internal resolution procedure involving an independent arbiter. 4.1 Internal resolution procedure - direct negotiation Where Councillors who are in dispute have not been able to resolve the dispute themselves, either (or both) party (parties) may request the Mayor to convene a meeting of the parties. A dispute referred for direct negotiation may relate to an: interpersonal conflict between Councillors where the conflict is or is likely to affect

the operations of the Council; or alleged contravention of the Councillor Code of Conduct.


The party requesting the direct negotiation meeting is to provide the Mayor with the name of the other Councillor and the details of the dispute in writing. The written request is to indicate that it is for a ‘direct negotiation’ dispute resolution process. Where the request relates to an alleged contravention of the Councillor Code of Conduct, the request must: specify the name of the Councillor alleged to have contravened the Code specify the provision(s) of the Code that is alleged to have been contravened include evidence in support of the allegation name the Councillor appointed to be their representative where the request is

made by a group of councillors be signed and dated by the requestor or the requestor’s representative. The requestor is to notify the other party of the request and provide him or her with a copy of the written request either at the same time as it is provided to the Mayor or as soon as practicable thereafter. The Mayor is to ascertain whether or not the other party is prepared to attend a ‘direct negotiation’ meeting. If the other party is not prepared to attend a meeting, the Mayor is to advise the requestor forthwith. No further action is required of the Mayor. If the other party declines to participate in a meeting, this does not constitute a contravention of this Councillor Code of Conduct. If the other party consents to a meeting, the Mayor is to convene a meeting of the parties at the earliest available opportunity. Unless one or both parties are unavailable, this should be within five working days of receiving the consent of the other party. The Mayor may present the parties with guidelines, in advance of the meeting or at the meeting, to help facilitate the meeting. The role of the Mayor at the meeting is to provide guidance to Councillors about what is expected of a Councillor including in relation to the role of a Councillor under section 65 of the Act, and the observation of the councillor conduct principles and the Councillor Code of Conduct. The Mayor is to document any agreement reached at the meeting. Copies of the agreement are to be provided to both parties. Where one party does not comply with the agreement, the other party has recourse to external mediation or the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. If the parties cannot resolve the dispute at the meeting, a further meeting may be convened with the consent of both parties. Where the dispute remains unresolved, either or both of the parties have recourse to external mediation or the internal


resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. Where the Mayor is a party to the dispute, the request is to be made to the Deputy Mayor (if any) or the immediate past Mayor. The Deputy Mayor or the immediate past Mayor will perform the functions ascribed to the Mayor. 4.2 External mediation A Councillor or a group of Councillors may make an application for a dispute to be referred for external mediation whether or not the dispute has been the subject of an application for direct negotiation. An application made for a dispute to be referred for external mediation may relate to: an interpersonal conflict between Councillors where the conflict is or is likely to

affect the operations of the Council; or an alleged contravention of the Councillor Code of Conduct. The Council’s Principal Conduct Officer appointed by the CEO will assist in the implementation and conduct of a dispute to be referred for external mediation and assist the Principal Councillor Conduct Registrar. The applicant is to submit a written application to the Principal Conduct Officer setting out the name of the Councillor and the details of the dispute. The application is to indicate that the application is for an external mediation. Where the application relates to an alleged contravention of the Councillor Code of Conduct, the application must: specify the name of the Councillor alleged to have contravened the Code; specify the provision(s) of the Code that is alleged to have been contravened; include evidence in support of the allegation; name the Councillor appointed to be their representative where the application is

made by a group of councillors; and be signed and dated by the applicant or the applicant’s representative. The applicant is to notify the other party of the request and provide him or her with a copy of the application either at the same time that it is submitted to the Principal Conduct Officer or as soon as practical thereafter. The Principal Conduct Officer is to ascertain (in writing) whether or not the other party is prepared to attend an external mediation. If the other party declines to participate in an external mediation, he or she is to provide their reasons for declining in writing to the Principal Conduct Officer. These reasons may be taken into account if the matter is, subsequently, the subject of an application for a Councillor Conduct Panel. When the other party declines to participate in an external mediation, this does not constitute a contravention of this Councillor Code of Conduct.


If the other party agrees to participate in an external mediation, the Principal Conduct Officer is to advise the applicant, the Mayor and Chief Executive Officer forthwith. The Chief Executive Officer is to engage the services of an external mediator to conduct the mediation at the earliest practicable opportunity. The mediator is to document any agreement reached at the meeting. Copies of the agreement are to be provided to both parties. Where one party does not comply with the agreement, the other party has recourse to the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. If the parties cannot resolve the dispute at the meeting, a further meeting may be convened with the consent of both parties. Where the dispute remains unresolved, the applicant has recourse to the internal resolution procedure where the matter relates to an alleged contravention of the Councillor Code of Conduct. 4.3 Internal resolution procedure – arbiter An application cannot be made for an internal resolution procedure during the election period for a general election. Any internal resolution procedure that is in progress is to be suspended during the election period for a general election. If the respondent to an application for an internal resolution procedure is not returned to office as a Councillor in the election, the application lapses. If the respondent is returned to office in the election, the application may resume if: the application was made by the Council and the Council so resolves; or the application was made by a group of Councillors and any one (or more) of

those Councillors who has been returned to office wishes to proceed with the application; or

the applicant (individual Councillor) is returned to office and wishes to proceed with the application.

A councillor or a group of councillors may make an application alleging that a Councillor has contravened this Councillor Code of Conduct. The application must: specify the name of the Councillor alleged to have contravened the Code specify the provision(s) of the Code that is alleged to have been contravened include evidence in support of the allegation name the Councillor appointed to be their representative where the application is

made by a group of councillors be signed and dated by the applicant or the applicant’s representative.

The application must be submitted to the Council’s Principal Conduct Officer. An applicant may withdraw an application for an internal resolution procedure. Once an application has been withdrawn, the same or a similar application relating to the same instance in relation to the respondent Councillor cannot be resubmitted by the applicant.


On receiving an application, the Principal Conduct Officer will: (a) advise the Mayor and CEO of the application without undue delay (b) provide a copy of the application to the Councillor who is the subject of the

allegation at the earliest practical opportunity but not later than two working days from receipt of the application

(c) identify an arbiter to hear the application (d) obtain from the arbiter written advice that they have no conflict of interest in

relation to the Councillors involved (e) notify the parties of the name of the proposed arbiter and provide them with the

opportunity (two working days) to object to the person proposed to be the arbiter (f) consider the grounds of any objection and appoint the proposed arbiter or

identify another arbiter (g) provide a copy of the application to the arbiter as soon as practicable after the

opportunity for the parties to object to an arbiter has expired (h) after consultation with the arbiter, advise the applicant and the respondent of the

time and place for the hearing (i) attend the hearing(s) and assist the arbiter in the administration of the process. In identifying an arbiter to hear the application, the Principal Conduct Officer must select an arbiter who is suitably independent and able to carry out the role of arbiter fairly. The role of the arbiter is to: (a) consider applications alleging a contravention of the Councillor Code of Conduct

by a Councillor (b) make findings in relation to any application alleging a contravention of the

Councillor Code of Conduct which the arbiter must give to the Council (c) give a written statement of reasons supporting the findings to the Council at the

same time as it gives its findings to the Council (d) recommend an appropriate sanction or sanctions where the arbiter has found

that a Councillor has contravened the Councillor Code of Conduct. In considering an application alleging a contravention of the Councillor Code of Conduct, an arbiter will: (a) in consultation with the Principal Conduct Officer, fix a time and place to hear the

application (b) authorise the Principal Conduct Officer to formally notify the applicant and the

respondent of the time and place of the hearing (c) hold as many meetings as he or she considers necessary to properly consider

the application. The arbiter may hold a directions hearing. (d) have discretion to conduct the hearings as he or she deems fit while ensuring

that the hearings are conducted with as little formality and technicality as due and proper consideration of the application allows

(e) ensure that the parties to, and the parties affected by, an application are given an opportunity to be heard by the arbiter

(f) consider an application by a respondent to have legal representation at the hearing to ensure that the hearing is conducted fairly and may, in his or her absolute discretion, grant the application or deny the application


(g) ensure that the rules of natural justice are observed and applied in the hearing of the application

(h) ensure that the hearings are closed to the public.

Where an application to have legal representation is granted by an arbiter, the costs of the respondent’s legal representation are to be borne by the respondent in their entirety. An arbiter: may find that a Councillor who is a respondent to an internal resolution procedure application has not contravened the Councillor Code of Conduct may find that a Councillor who is a respondent to an internal resolution procedure has contravened the Councillor Code of Conduct will suspend consideration of an internal resolution procedure during the election period for a general election. The arbiter is to give a copy of his or her findings and the statement of reasons to the Council, the applicant and the respondent. At the same time the arbiter provides the findings and statement of reasons, he or she shall, where a Councillor has been found to have contravened the Councillor Code of Conduct, recommend an appropriate sanction or sanctions for the contravention for consideration by the Council. A copy of the arbiter’s findings, statement of reasons and any recommended sanctions is to be submitted to the next ordinary meeting of the Council for its consideration. If an arbiter has found that a contravention of the Councillor Code of Conduct has occurred, the Council may, after considering the arbiter’s findings, statement of reasons and recommendation on sanctions, give any or all of the following written directions to the Councillor: direct the Councillor to make an apology in a form or manner specified by the

Council direct the Councillor to not attend up to, but not exceeding, two meetings of the

Council (in respect of the next scheduled meetings of the Council) direct that, for a period of up to, but not exceeding, two months on a date

specified by the Council the Councillor: be removed from any position where the Councillor represents the Council; and to not chair or attend any advisory committee or special committee meeting or an

assembly of Councillors or any other meeting specified in the direction. A Councillor who does not participate in the internal resolution procedure may be guilty of misconduct. The Act provides that misconduct by a Councillor means any of the following: failure by a Councillor to comply with the Council’s internal resolution procedure;

or failure by a Councillor to comply with a written direction given by the Council

under section 81AB; or repeated contravention of any of the Councillor conduct principles. Allegations of misconduct are heard on application by a Councillor Conduct Panel.


Part B Schedules

Schedule A: Procedural Motions Table Procedural

Motion Form Mover /

Seconder When Motion Prohibited Effect if Carried Effect if Lost Debate

Permitted on Motion

1. Adjournment of debate to later hour and/or date

That the matter be adjourned to *am/pm and/or *date

Any Councillor (a) During the election of a Chair

(b) When another Councillor is speaking

Motion and amendments postponed to the stated time and/or date

Debate continues unaffected

Yes

2. The closure That the motion be now put

A Councillor who has not spoken to the motion or any amendment of it

During nominations for Chair The Chair must call on the mover of the original motion or amendment in respect of which the closure motion is carried to reply to the debate on the original motion or amendment and then immediately put the original motion or amendment to the vote. No further debate on, or amendment to the original motion or amendment is permitted.


No


Procedural Motion

Form Mover / Seconder

When Motion Prohibited Effect if Carried Effect if Lost Debate Permitted on Motion

3. Laying question on the table

That the question lie on the table

A Councillor who has not spoken to the motion or amendment of it

(a) During the election of a Chair

(b) During a meeting which is a call of the Council

Motion and amendments not further discussed or voted on until:

(a) The Council resolves to take the question from the table at the same meeting

(b) The matter is placed on an agenda and the Council resolves to take the question from the table


No

4. Previous question

That the question be not now put




(c) When the matter is one in respect of which a call of the Council has been made

(d) When an amendment is before the Council

(a) No vote or further discussion on the motion until it is placed on an agenda for a later meeting;

(b) Proceed to next business

Motion (as amended up to that time) put immediately without further amendment or debate

Yes


Procedural Motion



5. Alter the order of business

That the item listed as xx on the agenda be considered before/after the item listed as item xy

Any Councillor including the Mayor/Chair

During any debate Alters the order of business for the meeting

Items are considered in the order as listed in the agenda

No

6. Proceeding to next business

That the meeting proceed to the next business

Note: This Motion:

(a) May not be amended

(b) May not be debated

(c) Must be put to the vote as soon as seconded

A Councillor who has not spoken to the motion or any amendment of it.




If carried in respect of:

(a) An amendment - Council considers the motion without reference to the amendment

(b) A motion - no vote or further discussion on the motion until it is placed on an agenda for a later meeting


No

7. Repetitious motion That the motion is a repetitious motion





(a) No vote or further discussion on the motion unless it is placed on an agenda for a later meeting

(b) Proceed to next business


Yes


Procedural Motion



8. Dissent from the Chair's ruling

That the Chair's ruling be dissented from.

Any Councillor:

1. Once moved and seconded, the Chair must leave the Chair and a temporary Chair be elected

2. The temporary Chair must invite the mover to state the reasons for his or her dissent and the Chair may then reply

3.The motion must then be put

If carried, the Chair must resume the Chair, reverse his or her previous ruling and proceed. The motion is in no way a motion of censure or non- confidence, and should not be so regarded

If lost, the Chair resumes the Chair and the meeting proceeds.

No, other than that the mover may state the reasons for his or her dissent and the Chair may then reply

9. Suspension of standing orders

That standing orders be suspended to (reason must be provided)

Any Councillor including Mayor / Chair

During any debate 1. The formalities of the meeting procedure are temporarily disposed of

2. No motion can be accepted by the Chair or lawfully be dealt with until standing orders are resumed

The formalities of the meeting procedure remain in place

No


Procedural Motion



10. Resumption of standing orders

That standing orders be resumed

Any Councillor including Mayor /Chair

When standing orders have not been suspended

The formalities of the meeting procedure are reinstated

The meeting cannot continue

No

11. Close the meeting to the public

That the meeting be closed to the public in accordance with Section 89(2) and 77(2) of the Local Government Act 1989 to consider...... on the grounds that ....

Any Councillor When the meeting is already closed to members of the public

The meeting is closed to members of the public

The meeting remains open to members of the public

Yes

12. Reopen the meeting to the public

That the meeting be reopened to the members of the public

Any Councillor When the meeting is already open to members of the public

The meeting is reopened to the public

The meeting remains closed to members of the public

Yes

13. Continuance of meeting beyond 10pm

That the meeting continue for a further 30 minutes

Any Councillor After there have already been two instances of continuation for the same meeting.

The time limit specified in subclause 4.5.10 is to be substituted with the time limit specified in the continuance motion

The meeting stands adjourned to a time, date and place to be then and there announced by the Chair

No


Schedule B: Guidelines for petitions

Requirements of a petition

A petition will be presented at a Council Meeting only if it meets all of the following requirements:

The petition must be received from at least 12 persons, signed by those persons whose name and physical address also appears

Although initial copies of petitions can be conveyed by email or facsimile, the original document must be sighted and received by the Council in a hardcopy format.

The petition must be legible and in permanent writing (i.e. no pencil)

The petition must be in the English language, or accompanied by a translation, which will need to be certified by the CEO who will present it to be correct.

The petition must be addressed to the CEO, the Mayor, or one or more Councillors containing a request for action to be taken by the Council.

Each page of the petition must repeat the full wording of the petition as contained on the first page of the petition.

Any signature appearing upon a page which does not bear the whole of the petition wording will not be considered by the Council.

All signatures must be original signatures, not photocopied, scanned or faxed copies.

The petition should not be indecent, abusive or objectionable in language or content.

Every page of a petition, including signatories to the petition must be on an original piece of paper and not pasted, stapled, or otherwise affixed to any other piece of paper.

The petition should not relate to a planning permit application.

How are petitions relating to planning applications handled?

Any petition referring to a specific planning application will not be viewed as a petition, but a joint submission. This is because:

Council has a range of separate legal requirements (under the Planning and Environment Act 1987), such as notice and time limits relating to planning applications, and

Council is required to consider each individual matter on its planning merits.

How to lodge a petition

Petitions should be forwarded by mail to Benalla Rural City Council PO Box 227, Benalla Vic 3671 or delivered in person to the Benalla Rural City Customer Service Centre, 1 Bridge Street East, Benalla.

Sample

To the Mayor and Councillors of Benalla Rural City

The following petitioners draw the attention of the Council to (enter the circumstances that led to the petition)

The following petitioners request that ……(outline the action sought)

Name

(please print name)

Address

(please print full residential address)

Signature

(petitioners must sign)


Schedule C: Infringement Notice

Infringement Notice

Compliance Department

Benalla Rural City Council

PO Box 227, Benalla Vic 3671 Infringement Notice Reference Number

It is alleged that the following infringement occurred, outlined:

You must pay the penalty by the specified due date as shown below on this notice.

Date of Offence….../…../……….

Time of Offence:…………………

Place:……………………………………………………………………………

Date of Infringement Notice ……../……../………. Due Date ……../……../………..

Amount due:

Penalty Units ......................... $ equivalent…………………..

It is alleged that you have committed an infringement offence as indicated under the Governance Local

Law 2016

Section and Clause of Governance Local Law 2016 under which this notice is given

……………………………………………………………………………………………………………………

Family Name…………………………………………………………………………………………………….

Given Names……………………………………………………………………………………………...........

Address…………………………………………………………………Postcode……………

Date of Birth….../…../………. State………………………...

Information and nature of alleged offence / infringement

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

How to pay Infringement Notice Reference Number 00000

If the prescribed penalty is paid by the due date this matter will be considered finished. Failure to pay the infringement penalty by the due date may result in further enforcement action being taken and the incurring of further costs.


You may pay the penalty by one of the methods shown below. Please ensure that the infringement notice or infringement notice number is forwarded with your payment.

In Person

Pay in person by attending the Benalla Rural City Council Customer Service Centre, 1 Bridge Street East, Benalla Vic 3672. Cash, cheque or EFTPOS using Visa or MasterCard only before the due date as shown at the top of this notice

By Mail

Pay the due date complete the box below and return this notice with a Not Negotiable cheque or Money Order made payable to Benalla Rural City Council and send to the Benalla Rural City Council, PO Box 227, Benalla Vic 3671.

Do not send cash.

By telephone

Pay by calling 03 5760 2600 and using Visa or MasterCard only before the due date as shown at the top of this notice.

Payment plan

You may be eligible to pay this penalty under a payment plan. You must apply to do so before the notice is registered with the relevant Court. To apply write to the Benalla Rural City Council, PO Box 227, Benalla Vic 3671 or phone (03) 5760 2600 to determine your eligibility.

Internal review

You or (your nominated representative) may request an internal review of the infringement notice by; attending the Benalla Rural City Council Customer Service Centre, 1 Bridge Street East, Benalla Vic 3672, Logging onto our website at; http://www.benalla.vic.gov.au/Page/Page.asp?Page_Id=801&p=1 or by email at; [email protected] before the due date as shown on this notice.

Determination by a Court

You are entitled to elect to have the matter of this infringement offence heard and determined in the court, or if you are a child, you are entitled to have the matter of this infringement offence dealt with by the children’s court in accordance with the Children, Youth and Families Act 2005.

YOU MUST QUOTE YOUR INFRINGEMENT NUMBER ……………

I decline to be dealt with under these enforcement provisions and want to have the matter dealt with by a Court. I understand that I may receive a summons for this offence.

My details for the service of summons are:

Name:……………………………………………………………

Address:…………………………………………………………

……………………………………………… Postcode:………

Signature:…………………………………... Date:……………

http://www.benalla.vic.gov.au/Page/Page.asp?Page_Id=801&p=1


State of Victoria Acts & Regulations covered by this notice include:

Infringements Act 2006; Infringements (Reporting and Prescribed Details and Forms) Regulations 2006; Governance Local Law 2016

Correspondence should be addressed to:

Compliance Department


PO Box 227

Benalla Vic 3671

Hours of business, Mon-Fri – 8.30am – 5.00pm Enquiries (03) 5760 2600.

Name of Issuing Officer/Authorised Officer ID;……..……………………………………………


Schedule D: Procedure for motions and amendments


Schedule E: Councillor Conduct Framework


Schedule F: Guidelines for presentations under section 223

How to maximise presentations to the Council

The following points may assist presenters to maximise their benefits from the time available to make an oral

submission:

Start with primary messages. What is the purpose of your presentation and what do you wish to achieve?

Plan submissions so they can be delivered in the time available. Councillors faced with a large agenda are rarely impressed with presenters who cannot make their point succinctly and in reasonable time.

Think about the issues from the viewpoint of Councillors and staff. What will they want to know and what do you expect from the Council.

Avoid jargon and keep the messages clear. Councillors come from a range of vocational backgrounds. Some will understand jargon very clearly, while the message may be lost on others less familiar with your issue.

If planning to use visual presentations or maps, advise Council officers well in advance so that the appropriate technology or equipment can be provided. Arrive 15 minutes early to assist with set up and testing of presentations prior to the meeting. Backup options are helpful in the event that technology fails.

After the meeting

A report will be presented to a subsequent Special Committee / Council Meeting on the proposal detailing the

consideration of all submissions received, both written and oral.

Following consideration of all submissions a report will be presented to a future Special Committee / Council

Meeting to make a decision on the matter.

Any person who has made a submission, or the nominated representative of a person or a group:

(a) Will be advised of the meeting date and time of the meeting at which the Council will make a decision; and

(b) Will be notified of the Council decision and the reasons for it.



PO BOX 227

BENALLA VIC 3671

(03) 5760 2600

[email protected]

www.benalla.vic.gov.au

September 2016

mailto:[email protected]

http://www.benalla.vic.gov.au/

Documents

Governance Local Law - Rural City of BenallaBENALLA RURAL CITY COUNCIL Governance Local Law 2016 Page 4 of 70 Part A Governance Local Law 2016 1. Introduction 1.1 Title This Local