Overview of roles of Councils and Council members

In Victoria, local government is a distinct tier of government consisting of democratically-elected Councils.¹¹ Each Council represents a municipal district, and each must consist of between five and 12 Council members who are elected by residents of the district and ratepayers.¹²

The role of each Council is to provide good governance for the benefit and wellbeing of the municipal community,¹³ which includes residents, ratepayers, traditional landowners and people and bodies who conduct activities in the municipal district.¹⁴

Councils receive funds by levying municipal rates. Councils also receive grant funding from federal and state governments. Councils have wide-ranging responsibilities under more than 120 pieces of Victorian legislation, including land use planning and building control, public health services, domestic animal control and environmental protection legislation.¹⁵

Councils are also responsible for maintaining community infrastructure (e.g. town halls, libraries, parks and gardens) and may make and enforce local laws, provided they do not contradict existing state or federal laws.¹⁶

In November 2020, a Ministerial Statement on Local Government set out the Victorian Government’s priorities for the local government sector, including:

• setting out the role of Councils in supporting Victoria’s pathway through social and economic recovery from the coronavirus (COVID-19) pandemic
• implementing a fairer rating system for those experiencing hardship
• supporting local businesses
• starting a conversation on cultural change
• building on the Local Government Act 2020 (Vic) reforms to continue to strengthen the sector.

Municipal districts in Victoria vary significantly in terms of population, total recurrent revenue¹⁷ and geographical size. For example, the smallest municipal district is just under 9 km2 (Borough of Queenscliffe) and the largest is over 22,000 km2 (Rural City of Mildura).¹⁸ The Borough of Queenscliffe also has the smallest population (approximately 3,000 people) while the largest population – over 350,000 people – is found in the City of Casey.¹⁹ In 2019-20, the Borough of Queenscliffe had total recurrent revenue of around $12 million, while the City of Melbourne had over $760 million – a more than 60-fold difference.²⁰

To undertake a comparative analysis of Council performance, Local Government Victoria (LGV)[11] divides Councils into five categories – Metropolitan, Interface, Regional City, Large Shire and Small Shire. The Councils included in each category vary widely in terms of population, geographical size and recurrent revenue (table 1).

Table 1: Population, area and total recurrent revenue by LGV Council category

^{Sources: ABS, Estimated Resident Population by Local Government Area, June 2019; ABS, Australian Statistical Geography Standard (ASGS): Volume 3 – Non ABS Structures, cat. no. 1270.0.55.003, June 2020; Victorian Local Government Grants Commission data collection for the 2019-20 financial year, https://www.localgovernment.vic.gov.au/council-funding-and-grants/victo….}

Role and responsibilities of Mayors

The Mayor serves as the Council’s leader and principal spokesperson.²² Apart from Melbourne City Council and Greater Geelong City Council, Council members are required to elect a Council member to the role of Mayor by absolute majority for a term of one or two years.²³

For Melbourne City Council, the Lord Mayor is directly elected by residents and ratepayers for a four-year term.²⁴ For Greater Geelong City Council, the Mayor is elected for a two-year term.²⁵

Key aspects of a Mayor’s role

• chair Council meetings
• lead regular reviews of the performance of the CEO
• promote behaviour among Councillors that meets the standards of conduct set out in the Councillor Code of Conduct
• assist Councillors to understand their role
• provide advice to the CEO when the CEO is setting the agenda for Council meetings
• perform civic duties on behalf of the Council
• report to the municipal community, at least once each year, on the implementation of the Council Plan
• lead engagement with the municipal community on the development of the Council Plan
• be principal spokesperson for the Council.

The Mayor is responsible for leading regular reviews of the performance of the CEO, who is the only staff member appointed by the Council. The role of the CEO is to oversee the day-to-day management of the Council's operations, provide advice to Council and ensure that Council decisions are implemented. The CEO is also responsible for supporting the Mayor and the development, implementation and enforcement of policies to manage interactions between Council members and Council staff.

Mayors also have the power to:

• appoint a Councillor to be the chair of a delegated committee
• direct a Councillor, subject to any procedures or limitations specified in the Governance Rules, to leave a Council meeting if the Councillor’s behaviour is preventing the Council from conducting its business
• require the CEO to report to the Council on the implementation of a Council decision.²⁶

Role and responsibilities of Deputy Mayors

Prior to November 2020, the office of Deputy Mayor was only recognised in legislation for Melbourne City Council and Greater Geelong City Council.²⁷

Since that time, all Councils may establish an office of Deputy Mayor.²⁸ As at November 2020, 69 of the 79 Councils had elected Deputy Mayors.²⁹

For Councils other than Melbourne City Council, if a Council chooses to establish an office of Deputy Mayor, the Deputy Mayor must be elected by an absolute majority of Councillors at a meeting that is open to the public.³⁰ Deputy Mayors are appointed for a term of one or two years, after which a new election must be held.³¹

In comparison, the Deputy Lord Mayor of Melbourne City Council is directly elected by residents and ratepayers for a four-year term.³²

Where a Council has established an office of Deputy Mayor, Deputy Mayors must perform the role of the Mayor, and may exercise the Mayoral powers, in any of the following circumstances:

• when the Mayor is unable for any reason to attend a Council meeting, or part of a Council meeting
• when the Mayor is incapable of performing the duties of the office of Mayor for any reason, including illness
• when the office of Mayor is vacant.³³

Role and responsibilities of Councillors

The key aspects of a Councillor’s role include participating in the decision-making of Council, representing the interests of the municipality and participating in strategic planning activities.

Key aspects of a Councillor's role:

• liaise with other levels of government, the private sector and non-government community groups
• participate in the decision-making of the Council
• take part in Council committees
• represent the interests of the municipal community when making decisions
• contribute to the strategic direction of the Council through development and review of key strategic documents, including the Council Plan
• together with other Councillors, determine the Council's financial strategy and budget and allocate resources
• attend Council meetings and relevant community events
• together with other Councillors, appoint a CEO and manage and review their performance.

Councils also play a key role in setting and administering planning schemes and providing permits in accordance with those schemes for the municipal area. According to the Good Governance Guide for local government decision-makers:

Another challenging aspect of a councillor’s role can occur when council is the Responsible Authority under the Planning and Environment Act 1987. In this instance council, and therefore councillors, are in quasi-judicial role making planning permit decisions based on the interpretation of the relevant legislation.³⁴

Time commitment of Council role

The role of Mayor has been described as a full-time commitment.³⁵ For example, in a 2019 survey conducted by the Local Government Inspectorate (LGI),³⁶ around one-third of respondents who were Mayors reported spending more than 40 hours per week on the role, and approximately one-quarter reported spending between 32 and 40 hours per week.

Other impacts of Council role

Many Council members participate in paid employment outside their role on Council,⁴⁴ and some may find it challenging to manage the demands of both roles.⁴⁵ In addition, a Council member’s duties may affect their ability to undertake caring or other responsibilities.

The MAV Councillor census conducted in 2017 reported that around half of all female respondents had caring responsibilities for children and/or dependents, compared to less than 30 per cent of male respondents.⁴⁶ The 2019 LGI survey reported that over 80 per cent of respondents who were Mayors, and around 75 per cent who were Councillors, indicated that balancing work, family and their role on Council was the most challenging or difficult part of the role.⁴⁷

On the other hand, there may be benefits to serving on Council. A 2013 survey of newly-elected Council members, conducted by the Victorian Local Governance Association (VLGA),⁴⁸ found that respondents generally viewed their overall experience as positive with benefits such as:

• exposure to new learning experiences
• the opportunity to make a difference in the local community and the satisfaction of participating and bringing their voice to Council
• a sense of privilege and honour from representing and working with the community.⁴⁹

Serving on a Council may also provide relevant experience for Council members who intend to stand for state or federal parliament. For example, as at May 2021, almost 20 per cent of the sitting Members of the Parliament of Victoria had previously served as a Council member.⁵⁰

Trends affecting the roles of Council members

Some recent trends that may have affected the roles of Council members include:

• changes in the role of Councils
• governance changes for Councils
• population changes within Council areas
• increased use of social media.

Changes in the role of Councils

The Ministerial Statement on Local Government noted that the COVID-19 pandemic:

… has seen a change in the way many Victorians interact with the local services, businesses and recreation opportunities closer to home.⁵¹

The Ministerial Statement also drew attention to the role of Councils in supporting social and economic recovery from the COVID-19 pandemic, including through investing in community infrastructure and supporting local businesses.⁵²

Governance changes

Amendments to local government legislation made in 2020 require Councils to undertake longer-term planning. For example, Councils must develop, adopt and keep in force both a financial plan and an asset plan addressing at least the next ten financial years.⁵³

Population changes

Between 2009 and 2019, Victoria’s population increased by around 23 per cent while the number of Councils remained unchanged.

Population growth has been unevenly distributed across municipal districts. For example, while the population of the City of Melbourne grew by around 90 per cent between 2009 and 2019, the Shire of West Wimmera experienced a decline of around 13 per cent over the same period. A 2018 Parliament of Victoria inquiry noted that Councils with an increasing population are required to manage their community’s growing need for infrastructure and services, while small Councils with a declining population face the challenge of maintaining services and assets with a decreasing revenue base.⁵⁴

Use of social media

Social media is increasingly used as a tool to communicate with members of the community and to campaign at elections, particularly in metropolitan areas.⁵⁵ While social media can make it easier for Council members to reach their constituents, it may also expose them to online harassment and attacks, including by anonymous parties.⁵⁶

References

11. Constitution Act 1975 (Vic), s74A.
12. Local Government Act 2020 (Vic), ss12 and 13.
13. Local Government Act 2020 (Vic), s8(1).
14. Local Government Act 2020 (Vic), s3.
15. Local Government Victoria, ‘Guide to Councils – How Councils Work: Acts and Regulations’, Know Your Council, accessed 2 March 2021, https://knowyourcouncil.vic.gov.au/guide-to-councils/how-councils-work/….
16. Local Government Act 2020 (Vic), s71.
17. Section 73A(5) of the Local Government Act 1989 (Vic) defines total recurrent revenue as ‘the total revenue of the Council reported in the financial statements of the Council for the previous financial year after adjusting for any items that are extraordinary, abnormal or non-recurring’. This includes rates, charges and some grants, but excludes one-off payments.
18. ABS, Australian Statistical Geography Standard (ASGS): Volume 3 – Non ABS Structures, cat. no. 1270.0.55.003, June 2020.
19. ABS, Estimated Resident Population by Local Government Area, June 2019.
20. Victorian Local Government Grants Commission data collection for the 2019-20 financial year, https://www.localgovernment.vic.gov.au/council-funding-and-grants/victo….
21. LGV is a part of the Department of Jobs, Precincts and Regions. LGV provides policy advice and works with local Councils to support delivery of local government services. Local Government Victoria, ‘What we do’, Local Government Victoria, accessed 21 April 2021, https://www.localgovernment.vic.gov.au/.
22. Local Government Act 2020 (Vic), s18.
23. Local Government Act 2020 (Vic), ss25 and 26.
24. City of Melbourne Act 2001 (Vic), ss12 and 14.
25. Local Government Act 2020 (Vic), s26(2).
26. Local Government Act 2020 (Vic), s19.
27. City of Melbourne Act 2001 (Vic), s6; City of Greater Geelong Act 1993 (Vic), s11C.
28. Local Government Act 2020 (Vic), s20A.
29. Tribunal analysis based on Local Government Victoria, ‘Find a Council’, Know Your Council, accessed 21 April 2021, https://knowyourcouncil.vic.gov.au/councils.
30. Local Government Act 2020 (Vic), s27.
31. Local Government Act 2020 (Vic), s27.
32. City of Melbourne Act 2001 (Vic), ss12 and 14.
33. Local Government Act 2020 (Vic), s21.
34. VLGA, MAV, LGV and Local Government Professionals, Good Governance Guide (State Government of Victoria: Melbourne, Victoria, 2012), 22.
35. Local Government (Councillor Remuneration Review) Panel, Local Government (Councillor Remuneration Review) Panel Report (State Government of Victoria: Melbourne, Victoria, January 2008), 15.
36. LGI is an independent agency tasked with ensuring that Councils follow the Local Government Act 2020 (Vic). LGI, ‘About the Local Government Inspectorate’, accessed 29 June 2021, https://www.lgi.vic.gov.au/about-local-government-inspectorate.
37. LGI, Councillor expenses and allowances: equitable treatment and enhanced integrity (State Government of Victoria: Melbourne, Victoria, September 2020).
38. MAV is a body corporate established under the Municipal Association Act 1907 (Vic) to support and promote local government in Victoria. Each Council in Victoria may appoint a Council member as its MAV representative, and the appointed representatives together constitute the MAV.
39. MAV, ‘Councillor expectations and support’, Vic Councils, accessed 21 April 2021, https://www.viccouncils.asn.au/stand-for-council/being-a-councillor/cou….
40. LGI, Councillor expenses and allowances: equitable treatment and enhanced integrity (State Government of Victoria: Melbourne, Victoria, September 2020), 13.
41. Local Government Electoral Review Panel, Local Government Electoral Review Stage 2 Report (State Government of Victoria: Melbourne, Victoria, July 2014), 4; Victorian Electoral Commission, Local Council Representation and Subdivision Reviews 2019‑20 Program Report (State Government of Victoria: Melbourne, Victoria, 2020), 6.
42. Local Government Act 2020 (Vic), s4.
43. Victoria, Parliamentary Debates, Legislative Assembly, 14 November 2019, 4322 (Marlene Kairouz, Minister for Consumer Affairs, Gaming and Liquor Regulation, Minister for Suburban Development, second reading speech for the Local Government Bill 2019).
44. The MAV Councillor Census conducted in 2017 found that around two-thirds of respondents were either working in paid employment or self-employed in addition to their role on Council. MAV, MAV Councillor Census (Municipal Association of Victoria: Melbourne, Victoria, 2018), 13.
45. VLGA, Journey from Citizen to Councillor: A report on newly elected Councillors in Victoria (Victorian Local Governance Association: Carlton, 2014), 13.
46. MAV, MAV Councillor Census (Municipal Association of Victoria: Melbourne, Victoria, 2018), 3.
47. LGI, Councillor expenses and allowances: equitable treatment and enhanced integrity (State Government of Victoria: Melbourne, Victoria, September 2020).
48. The VLGA is an independent organisation that supports Councils and Councillors, including through opportunities for networking, professional development and information exchange. VLGA, ‘About’, accessed 16 June 2021, https://www.vlga.org.au/about-vlga.
49. VLGA, The Journey from Citizen to Councillor, a report on new newly elected councillors in Victoria (Victorian Local Governance Association: Melbourne, Victoria, July 2014), 21.\
50. Data provided to the Tribunal by the Parliamentary Library, Parliament of Victoria
51. The Hon Shaun Leane MP, Ministerial Statement on Local Government, 2020, 1.
52. The Hon Shaun Leane MP, Ministerial Statement on Local Government, 2020, 3-4.
53. Local Government Act 2020 (Vic), ss91 and 92.
54. Parliament of Victoria, Final report of the inquiry into the sustainability and operational challenges of Victoria’s rural and regional councils (Victorian Government Printer: Melbourne, Victoria, March 2018), 24-26.
55. Wayne Williamson and Kristian Ruming, ‘Social Media Adoption and Use by Australian Capital City Local Governments’, in Mehmet Zahid Sobaci (ed), Social Media and Local Governments (Springer International Publishing: Switzerland, 2016): 113‑130.
56. VLGA, Submission to the Inquiry into the Impact of Social Media on Elections and Electoral Administration, 4 November 2020; More Women for Local Government Facebook Group, Submission to the Inquiry into the Impact of Social Media on Elections and Electoral Administration, 30 October 2020.