Unrest is unfolding in Victoria over the news that more than 100 Councillors across the state could be disqualified – including 13 whole councils.
It was revealed yesterday that Councillors who have not complied with the State Government’s newly-implemented Code of Conduct regulations, could face dismissal.
Chief Executive Officer of the Municipal Association of Victoria (MAV), Rob Spence, has said the situation is “concerning” considering many instances have occurred due to innocent mistakes.
“In most cases, we are talking about a minor administrative oversight, an honest mistake or an instance where the Inspectorate’s interpretation of the rules differs from a council’s understanding of the legislation,” said Mr Spence.
“The new laws – which the MAV broadly supports – were intended to strengthen councillor conduct and to resolve instances of poor individual conduct by a councillor.
“However, using new provisions that take effect on 1 September to disqualify councillors on what can best be described as a very minor technicality is like using a sledgehammer to crack a walnut.”
Some believe the State Government will intervene to sidestep the mass dismissals and seek a “common sense solution”.
Benalla Regional Council is one of the 13 councils facing disqualification of all its councillors.
Benalla Chief Executive Officer, Tony McIlroy, said the issue has arisen due to an administrative fault.
“The Code of Conduct was presented for review to a Special Meeting of the Council on 25 May 2016, and was subsequently signed by all Councillors at the Council Meeting on 1 June 2016,” said Mr McIlroy.
“The issue for Benalla is that the signature page did not contain the specific words “I abide by the Code of Conduct”. The error was identified and all Councillors completed a new declaration at the Council Meeting on 3 August 2016.”
However, he said he is hopeful the State Government would review the legislation.
“I have been informed this morning by the CEO of the MAV that it has been advised by the State Government that it intends to introduce a legislative amendment for a solution to be finalised prior to 1 September 2016.
“There was a similar occurrence in the 1980s when legislation was introduced requiring all Councillors to complete a Return of Interests. Some Councillors refused or did not meet the deadline, and the State Government extended the period to comply.”
Benalla mayor, Justin King, also said the Council is not panicking yet: “I am confident that common sense will prevail and that the State Government will rectify this in a timely manner.”
