CITIZEN TO A GUIDE FOR PROSPECTIVE COUNCILLORS COUNCILLOR Proudly supported by: AbOUT THIS GUIDE Any queries in relation to this document This resource has been prepared by the Municipal Association should be directed to the MAV on: of Victoria (MAV) as a guide to becoming an elected local Tel: 03 9667 5555 government councillor. Fax: 03 9667 5550 Email: [email protected] The MAV is the legislated peak body for local government in Victoria. It is intended that this guide assists those considering standing as a candidate USEFUL CONTACTS: in the 2016 council elections to better understand the purpose of local Municipal Association of Victoria (MAV) government, what is expected of a councillor, and the process for getting Level 12, 60 Collins Street, elected to council. Melbourne, 3000 Phone (03) 9667 5555 This resource is also available online at www.standforcouncil.com.au www.mav.asn.au www.standforcouncil.com.au © Copyright Municipal Association of Victoria, 2016. Victorian Electoral Commission (VEC) Level 11, 533 Collins Street, The Municipal Association of Victoria (MAV) is the owner of the copyright in Melbourne, 3000 the publication Citizen To Councillor 2016. Phone 131 832 www.vec.vic.gov.au No part of this publication may be reproduced, stored or transmitted in any form or by any means without the prior permission in writing from the GoWomenLG2016 - a project Municipal Association of Victoria. coordinated by the Victorian Local Governance Association and funded by All requests to reproduce, store or transmit material contained in the the Victorian Government to build the publication should be addressed to MAV Communications on 03 9667 5555 number of women standing for council. or [email protected]. www.gowomenlg.org.au The MAV does not guarantee the accuracy of this document’s contents if retrieved from sources other than its official websites or directly from a MAV Australian Local Government Women’s employee. Association (Victorian Branch) [email protected] The MAV can provide this publication in an alternative format upon request, www.algwa.com.au including large print, Braille and audio. b CITIZEN TO COUNCILLOR 2016 INTRODUCTION FOREWORD The decisions of councils affect the lives of Local government has a significant impact on everyone living in the community – men, the lives of all Victorians. Councils spend over women and children. Becoming a councillor is $8 billion annually to provide more than 100 a great hands-on way to serve your community different services to the communities they and positively influence future directions and represent and are responsible for $79 billion outcomes for the municipal area. worth of assets and infrastructure. Many people in our local communities could make really Councils are complex businesses that provide and good councillors, but it’s important to understand what’s maintain a wide diversity of public buildings, amenities involved. If you’re interested in your local community, and services. The largest council would be in the top willing to learn and participate, and consider yourself 100 employers in the state and smaller rural councils are passionate, motivated and committed, then you should often the largest employer in the region. think about nominating. Councillors, elected by residents and ratepayers, have an Women are particularly encouraged, as they are highly exciting and challenging role to fulfil. They must be in qualified to take up civic life, with their community, caring touch with their community and balance the needs of the and work experiences. There will be many other community within a framework of financial accountability. candidates with diverse backgrounds who also have The work of councillors is varied and occurs within a much to contribute. highly political environment. The strength of our democracy is in people’s participation, One of the most challenging aspects of this work is that and diverse representation around the council decision- councillors are required to make decisions on a regular making table helps to reflect the diversity of our basis that affect people’s lives to varying degrees and communities. some of these decisions will not always be popular with all constituents. It’s important that councillors can Being a councillor is a challenging role, but also a successfully communicate the council’s vision to their rewarding one. It’s also a wonderful way to develop your constituents, and the need to pursue long-term objectives knowledge, skills and networks. consistent with this vision. As the CEO of the Municipal Association of Victoria, the Standing for election provides a great opportunity to peak organisation for Victorian councils, I invite you to influence the future direction of the local community and explore what is involved in being a councillor, and to help those who require support. It can be daunting and consider standing for election. time consuming, but also rewarding. Councils are complex and vibrant organisations that require talented I wish you every success in your endeavours. and dedicated individuals to participate in making the Rob Spence decisions that count. Chief Executive Officer CONTENTS 1 SECTION 1 20 SECTION 4 WHAT IS LOCAL STANDING FOR COUNCIL GOVERNMENT? 20 Postal v attendance elections 1 Local government in Victoria 21 Eligibility to stand 2 Legislative framework 22 Wards and councillor numbers 3 Council responsibilities and functions 22 Nominating for election 4 Local government funding sources 23 Electoral materials 5 SECTION 2 23 Candidate statements WHAT IS EXPECTED OF A 24 Election campaign donations COUNCILLOR? 5 Role and responsibilities 25 SECTION 5 THE ELECTION PROCESS 6 Leadership and governance 25 Entitlement date 7 Conduct of councillors 26 Voters’ roll 8 Personal information and transparency 26 Election caretaker period 9 Councillor activities 27 Eligibility to vote 11 Role of the mayor 27 Voting at a council election 12 Working with the CEO and council staff 28 Ballot paper order 13 Working with other councillors 28 How votes are counted 13 Working with the community 29 Withdrawing or retiring from an election 14 SECTION 3 29 Declaration of election results FULFILLING YOUR DUTIES 14 Time commitment 30 SECTION 6 GETTING ELECTED 15 Financial entitlements 30 Introduction to campaigning 16 Rewards and benefits 31 Advertising 16 Obligations and protocols 32 Door knocking 17 Disclosure of interests 32 Photographs 18 Access to and use of information 33 Using the media 19 Ceasing to be a councillor 35 SECTION 7 APPENDICES 36 Appendix A: Local government service delivery 37 Appendix B: Local Government Act 1989 Preamble 38 Appendix C: Councillor remuneration categories 39 Appendix D: Candidate campaign offences SECTION 1 WHAT IS LOCAL GOVERNMENT? Local government in Victoria Legislative framework Council responsibilities and functions Local government funding sources 79 LOCAL municipalities GOVERNMENT 31 metropolitan 624 democratically elected councillors IN VICTORIA 48 rural 407 217 Local government enables the economic, social Annual and cultural development of the municipality it revenue represents, supports individuals and groups, $7.99 billion and provides a wide range of services for the Employs wellbeing of the community. 47,166 Local government is the third level of government in the 29,039 18,127 Australian federal system. It is established by an Act of State Parliament, which specifies local government powers, duties and functions. Land areas from 2 In Victoria, 79 municipal councils represent about 5.9 22,000 km Populations from million people. Each council varies in size, population, rate to 10.8 km2 base and resources but all must operate in accordance 3,000 to with the Local Government Act 1989 (LG Act). Budgets 283,000 (average) All councils consist of elected members (democratically $55 elected councillors) and the administration (council million employees). The elected councillors appoint the chief Rural executive officer, set the strategic direction, participate in $170 decision-making including the adoption of budgets and million policies, and monitor the council’s overall performance. Metro $79 billion infrastructure and assets CITIZEN TO COUNCILLOR 2016 1 Local government has responsibility for implementing many diverse programs, policies and regulations set by the federal and state government. Councils also provide a range of services at their discretion in response to local community needs. Additionally, councils have the power to make local laws to regulate activities within the municipality. Each municipality is distinct and while there may be some common services across local government, there is also a degree of diversity. More information on the range of services delivered by Victorian councils is outlined in Appendix A. LEGISLATIVE FRAMEWORK Local government is recognised as a ‘distinct and essential tier of government consisting of democratically elected councils having the functions and powers that the Parliament considers are necessary to ensure peace, order and good government of each municipal district’. (Constitution Act 1975) The local government provisions in the Constitution cannot be removed or changed without the approval of Victorian electors in a referendum. Councils operate within a legislative framework established by the Victorian Parliament through the LG Act, which sets out their functions and powers. There are a number of other key Acts under which local government operates including the Planning and Environment Act 1987 (Vic) and the Public