The role of Council and Councillors

Local government is the third tier of government in Australia and the closest tier to the community.

The role of Council

There are 79 councils in Victoria which represent the needs, interests and aspirations of their local communities. Councils are regulated by the Local Government Act 2020 which outlines their roles and responsibilities, including their specific powers, duties and functions.

There are other key laws that councils administer and enforce, including the Planning and Environment Act, the Public Health and Wellbeing Act, the Domestic Animals Act and the Emergency Management Act. Councils also operate under more than 120 Federal and Victorian Acts, regulations, ministerial directions, codes of practice, Australian Standards and guidelines.

The role of a Councillor

The role of a Councillor is to represent their local community by:

taking part in the decision-making of Council
representing the interests of the local community in that decision-making
contributing to the strategic direction of the Council through the development of key strategic documents

The decisions made by Council should reflect the needs of the community. Decisions must be transparent and defensible and be supported by the relevant policy, process, guideline or law.

Amendments to the Local Government Act 2020 have seen the implementation of a Model Councillor Code of Conduct and mandatory training which aims to strengthen and establish clear standards and responsibilities for Mayors and Councillors by ensuring they perform their duties in a manner that reflects the values of integrity, transparency, respect and accountability to meet the expectations of the community.

These amendments clearly distinguish that Councillors must not perform or purport to perform any responsibilities or functions of the Chief Executive Officer, and highlight that Councillors must act with integrity, exercise reasonable care and diligence and take reasonable steps to avoid any action which may diminish the public's trust and confidence in the integrity of local government.

Responsibilities (legislated) of a Councillor:

Participate in the decision-making of the council
Represent the municipal community in that decision-making
Contribute to the strategic direction of the council through the development and review of key strategic documents of the council, including the council plan.
Consider the diversity of interests and needs of the municipal community
Support the role of the council and the role of the Mayor
Act lawfully and in accordance with the oath and affirmation of office
Act in accordance with the Model Councillor Code of Conduct
Comply with council procedures required for good governance

Outside the scope of the Councillor role:

Statutory processes such as enforcement matters and reviews of infringements, planning permit decisions and building permit decisions
Direct or improperly influence or seek to direct Council staff
Complaints handling or reviews of statutory appeal mechanisms
Procurement of goods, services or the carrying out works
Grant funding allocation processes
Improper use of information acquired as a result of their position
Disclose information that is confidential information
Exercise or perform, or purport to exercise, or perform a power, duty or function that the person is not authorised to exercise or perform
Use public funds or resources in a matter that is improper or unauthorised
Participate in a decision on a matter in which the person has a conflict of interest

Powers of Council

Powers of Council (by Council Decision)

Elect a Mayor or Deputy Mayor
Grant a request for leave of another Councillor
Appoint/dismiss/remove a CEO
Approve/amend the Council plan
Adopt/amend any policy that Council is required to adopt under the Local Government Act 2020
Adopt/amend the Governance rules
Appoint the Chair or Members to a delegated committee
Make/amend/revoke a local law
Aprove the budget or a revised budget
Borrow Money
Declare general rates, municipal charges, service rates and charges and special rates and charges

Three tiers of Government

Australia has three levels of government that work together to help provide us with the services we need. How the federal and state parliaments work together is sometimes referred to as the division of powers.

The three levels are:

Federal – Australian – Parliament, in Canberra
State and territory parliaments or legislative assemblies, in each state and territory capital city
Local councils – also called shires or municipalities – across Australia.

Each level of government has different responsibilities.

Three Tiers of Government.png

You can find out more here.

The role of Council and Councillors