Candidates in the Council Election often make promises about what they will do once elected in their campaigns and I am no exception (refer to my 2024+ Focus areas).
This is a good thing because I love it when people and the community become more engaged in local government.
However there are multiple Acts of the Victorian State Government that regulate what services a council must provide and what actions it must take and this also affects the role and scope of a Councillor. Read more about this in my blog Opportunities and Constraints of a Councillor.
What does this mean? Promises made are not always achievable which quickly become apparent once a Candidate becomes a Councillor. So let’s explore this further…
The Local Government Act
The main overarching legislation is the Local Government Act 2020 (340 pages) and 1989 (227 pages).
Section 9 of the Local Government Act 2020 states:
Overarching governance principles and supporting principles:
- A Council must in the performance of its role give effect to the overarching governance principles.
- The following are the overarching governance principles—
a. Council decisions are to be made and actions taken in accordance with the relevant law;
b. Priority is to be given to achieving the best outcomes for the municipal community, including future generations; ( my emphasis)
c. The economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks, is to be promoted; ( my emphasis)
d. The municipal community is to be engaged in strategic planning and strategic decision making;
|e. Innovation and continuous improvement ( my emphasis) is to be pursued;
f. Collaboration with other Councils and Governments and statutory bodies is to be sought;
g. The ongoing financial viability (my emphasis) of the Council is to be ensured;
h. Regional, state and national plans and policies are to be taken into account in strategic planning and decision making;
i. The transparency of Council decisions, actions and information is to be ensured. - In giving effect to the overarching governance principles, a Council must take into account the following supporting principles—
a. The community engagement principles;
b. The public transparency principles;
c. The strategic planning principles;
d. The financial management principles;
e. The service performance principles.
An Act upon an Act upon an Act
Under each Act there sits regulations that guide how the Act must be enacted.
Other legislated acts council must follow include:
- Road Management Act 2004
- Gender Equality Act 2020,
- Disability Act 2006 (VIC).
- Public Health and Wellbeing Act 2008 (VIC)
- Environment protection Act 2017
- Emergency Management Act 2013
- Planning and Environment Act 1987 and the Planning Scheme
- Subdivision Act 1988
- Circular Economy (Waste Reduction and Recycling) Act 2021
As you can see there are State legislative processes in place that have to be followed by every council.
Breaking down bureaucracy for efficiency
Each councillor does not need to be an expert in every aspect of each Act but needs to know the basics and ensure what Council does complies.
Four years ago the State Government made significant changes to the Local Government Act (2020) just before the Council elections.
This meant that all Councils were undertaking certain processes, such as deliberative engagement, for the first time.
I have learnt a great deal from that experience, as have the staff, and the next term of Council, and whoever is elected, will be lucky enough to have had the former term’s insights and input into how to improve the processes.
I stand for streamlining things as much as possible, avoiding duplication, keeping it simple and having easy meaningful objectives and outcomes.
Read more blog articles in my latest News
CR JENNIFER ANDERSON 