Scope of the Determination

Section 23A(1) of the VIRTIPS Act states that the Tribunal must make a Determination setting the value of the amount of the allowance payable to Council members. There are Council members in 79 Councils in Victoria.

The Determination must provide for Council allowance categories (which may be specified for a single Council, or for a group of Councils).⁴ When making the first Determination in relation to Council members, the Tribunal must:⁵

• include a comprehensive review of the existing allowance categories and Councillor and Mayoral allowances under the Local Government Act 1989 (Vic), taking into account similar allowances for elected members of local government bodies in other States and allowances for persons elected to other ‘voluntary part-time community bodies’
• provide for the annual indexation of allowances
• set the value of allowances at not less than the existing equivalent allowances under the Local Government Act 1989 (Vic)
• provide for any other relevant matter that the Tribunal considers relevant.

Until the Tribunal’s first Determination is made and comes into effect, the allowances set under the Local Government Act 1989 (Vic), City of Melbourne Act 2001 (Vic) and City of Greater Geelong Act 1993 (Vic) continue in effect.

The Determination will not apply to the following:

• administrators and Municipal Monitors appointed to a Council — remuneration for these roles is fixed by the Minister for Local Government⁶
• Council staff, including the Chief Executive Officer (CEO) of each Council.⁷

The Determination will also not apply to Council expenses policies, which relate to the reimbursement of out-of-pocket expenses for Council members, or to the resources and facilities provided by Councils to Council members to perform their role.⁸

The Determination will not apply to a member of a delegated committee⁹, unless the member is also a Council member.

References

4. VIRTIPS Act, ss23A(2) and (3).
5. VIRTIPS Act, s23A(5).
6. Local Government Act 2020 (Vic), ss179 and 220.
7. Local Government Act 2020 (Vic), s45.
8. Local Government Act 2020 (Vic), ss41 and 42.
9. Under s11 of the Local Government Act 2020, a Council may delegate certain powers, duties or functions to a delegated committee. A delegated committee must include at least two Councillors and ‘may include any other persons appointed to the delegated committee by the Council who are entitled to vote’ (s63 of the Local Government Act 2020 (Vic)).