The Municipal Association of Victoria (MAV) has welcomed the release of a discussion paper by the Minister for Local Government, Richard Wynne, detailing a range of proposed reforms to support Councillor conduct and strengthen local governance.
MAV President, Councillor Dick Gross, said communities are entitled to expect their local elected representatives to behave in an acceptable manner. He said stronger, more transparent governance processes would increase confidence in the decisions and responsibilities that are entrusted to Councils.
“The reality is that self regulation does not always work and tougher mechanisms are needed to deal with the rare and regrettable instances of alleged breaches of Councillor codes of conduct and disputes,” Councillor Gross said. “The reputation of the sector is too easily susceptible to being undermined by infrequent, but highly publicised acts of misbehaviour by rogue Councillors.
“The MAV has been examining processes and models to deal with Councillor conduct for more than 18 months, as current legislation mostly deals with sanctions for whole Councils, not individuals.”
The proposed reforms provide avenues to properly deal with serious and unacceptable behaviour, such as violence, bullying, intimidation and aggression.
Under the proposals, ten principles of proper Councillor conduct will be included in legislation, so that minimum expected levels of behaviour are clearly known and understood by all.
Councillor Gross said the establishment of Councillor Conduct Panels on a needs basis would assist with enforcement, as Councils would have independent external support to deal with minor breaches of their code.
“The reforms also include provisions to discourage inappropriate use of the complaint process, with panel members able to dismiss a trivial, vexatious or unreasonable application,” he said. “Appeals against panel decisions and serious misconduct allegations will be heard by the Victorian Civil and Administrative Tribunal (VCAT).”
Councillor Gross said the MAV worked closely with the Minister and Local Government Victoria to ensure independence, procedural fairness, natural justice, a presumption of innocence and both legal and Local Government expertise were addressed in the consultation paper. He said a range of sanctions should ensure breaches can be appropriately dealt with.
“A Councillor could be issued with a warning; instructed to make an apology, attend mediation, training or counselling; or for more serious breaches, VCAT powers could result in suspension or disqualification,” he said.
“We trust the proposed reforms will provide the right balance to allow Councils to continue to manage issues of behaviour through their Code of Conduct processes, with additional tools to assist enforcement, and determine breaches and sanctions.”
For further information contact Councillor Gross, phone 0411 446 167.
