City of Greater Geelong Amendment Act 2012 No. 1 of 2012

TABLE OF PROVISIONSSection Page

1 Purpose 12 Commencement 23 Definitions 24 New sections 7, 8 and 9 inserted 2

7 Reconstitution of Council from October 2012 28 Reconstitution of Council from 2016 39 Orders in respect of constitution of Council under

section 8(1)(b) 35 Sections 10 and 16 repealed and new Part 3 inserted 3

PART 3—ELECTIONS AND COUNCIL ADMINISTRATION 3

Division 1—Elections 3

10 How votes to be counted for Mayor 311 Candidates may only stand for one position 4

Division 2—Council Administration 4

12 Orders in Council to specify allowances 413 Allowance reviews by Minister 514 Payment of allowances 515 Entitlement to receive an allowance 6

6 New sections 11A to 11E inserted 711A Term of office of Mayor 711B Filling of vacancy of office of Mayor 711C Election of Deputy Mayor 811D Precedence of Mayor 911E Special functions of Mayor 10

7 New Part 4 inserted 10

PART 4—ELECTORAL REPRESENTATION REVIEWS AND SUBDIVISION REVIEWS 10

16 Operation of Part 1017 Application of Divisions 2, 3 and 4 of Part 10 of the

Local Government Act 1989 1118 Purpose of review 11

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8 Repeal of amending Act 11═══════════════

ENDNOTES 12

City of Greater Geelong Amendment Act 2012†

No. 1 of 2012

[Assented to 14 February 2012]

The Parliament of Victoria enacts:

1 Purpose

The purpose of this Act is to amend the City of Greater Geelong Act 1993—

(a) to reconstitute the Greater Geelong City Council under that Act; and

(b) to enable the Mayor of the City of Greater Geelong to be directly elected to represent the municipal district as a whole; and

(c) to make consequential and other minor amendments.

Victoria

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2 Commencement

(1) This Act, other than sections 6 and 7, comes into operation on 7 March 2012.

(2) Sections 6 and 7 come into operation on 28 October 2012.

3 Definitions

(1) Insert the following definition in section 3(1) of the City of Greater Geelong Act 1993—

"Council means the Greater Geelong City Council;".

(2) In section 3(1) of the City of Greater Geelong Act 1993, the definitions of Commissioner and period of administration are repealed.

(3) In section 3(1) of the City of Greater Geelong Act 1993, in the definition of Order in Council, for "Gazette;" substitute "Gazette.".

4 New sections 7, 8 and 9 inserted

After section 6 of the City of Greater Geelong Act 1993 insert—

"7 Reconstitution of Council from October 2012

(1) From the general election, to be held in October 2012, the Council consists of—

(a) a Mayor elected to represent the City of Greater Geelong as a representative of the municipal district as a whole; and

(b) 12 Councillors elected to represent 12 individual wards.

(2) The Mayor is a Councillor of the Council.

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See:Act No.16/1993.Reprint No. 1as at5 February 1998.LawToday:www.legislation.vic.gov.au

8 Reconstitution of Council from 2016

(1) From the general election, to be held in 2016, the Council consists of—

(a) a Mayor elected to represent the City of Greater Geelong as a representative of the municipal district as a whole; and

(b) not fewer than 4, and not more than 11, Councillors elected—

(i) to represent the municipal district as a whole; or

(ii) to represent wards into which the municipal district is divided.

(2) The Mayor is a Councillor of the Council.

9 Orders in respect of constitution of Council under section 8(1)(b)

For the purposes of the general election to be held in 2016 or any subsequent elections, the Governor in Council may make an Order in Council in accordance with section 220Q of the Local Government Act 1989 in respect of the constitution of the Council under section 8(1)(b).".

5 Sections 10 and 16 repealed and new Part 3 inserted

For sections 10 and 16 of the City of Greater Geelong Act 1993 substitute—

"PART 3—ELECTIONS AND COUNCIL ADMINISTRATION

Division 1—Elections

10 How votes to be counted for Mayor

Part 3 of Schedule 3 to the Local Government Act 1989 applies to the election of the Mayor for the general election

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in October 2012 and all subsequent elections.

11 Candidates may only stand for one position

(1) A person who is a candidate for election as the Mayor is not eligible to be a candidate for election as a Councillor if the elections are conducted at the same time.

(2) If a person has nominated as a candidate for election as Mayor and also for election as a Councillor at an election that is to be conducted at the same time as the other election, the returning officer must reject any notice of candidature in relation to the person other than the first valid notice of candidature received by the returning officer.

(3) This section does not prevent a Councillor nominating as a candidate for election as the Mayor at a by-election for that office, nor does it require that a Councillor resign from office if he or she is a candidate for that office at a by-election.

(4) If a Councillor is elected as the Mayor at a by-election, the Councillor goes out of office as a Councillor referred to in section 7(1)(b) or 8(1)(b) (as appropriate) on the declaration of the result of the by-election.

Division 2—Council Administration

12 Orders in Council to specify allowances

(1) The Governor in Council may, by Order in Council, specify the allowances payable by the Council to the Mayor and Deputy Mayor.

(2) An Order in Council made under this section must specify a date from which an allowance under the Order is payable.

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(3) The Order in Council may specify that the Mayor and Deputy Mayor are to receive a higher allowance than that specified for other Councillors in an Order in Council made under section 74B of the Local Government Act 1989 or Minister's notice published under section 73A, 73B or 74C of that Act.

13 Allowance reviews by Minister

(1) The Minister must, at least once every year, review the amounts of Mayoral and Deputy Mayoral allowances.

(2) The Minister must have regard to movements in the levels of remuneration of executives within the meaning of the Public Administration Act 2004 when reviewing the amounts of the Mayoral and Deputy Mayoral allowances under subsection (1).

(3) If a review conducted by the Minister under this section results in a finding that Mayoral and Deputy Mayoral allowances require alteration, the Minister must specify by notice in the Government Gazette the new allowance amounts.

14 Payment of allowances

(1) Subject to subsection (3), the Council must pay the Mayor and Deputy Mayor allowances as specified in the most recent of—

(a) an Order in Council made under section 12;

(b) a Minister's notice made under section 13(3).

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(2) In paying an allowance under this Division, the Council must make the payment in the manner specified in the Order in Council that specified the amount of the allowance.

(3) The Council does not have to pay an allowance to the Mayor or Deputy Mayor if the Mayor or Deputy Mayor does not wish to receive it.

15 Entitlement to receive an allowance

(1) A person is only entitled to receive an allowance while he or she holds the office for which it is payable.

(2) The Mayor and the Deputy Mayor are not entitled to receive an allowance as a Councillor if he or she is receiving an allowance as Mayor or Deputy Mayor.

(3) A person elected to be Mayor is entitled to receive the appropriate allowance for that office from the date the person takes the oath of office under section 63 of the Local Government Act 1989.

(4) A person elected to be Deputy Mayor by the Council is entitled to receive the appropriate allowance for that office from the date the person is elected to be Deputy Mayor.

(5) If the office of Mayor is vacant, for the duration of the vacancy in that office, the acting Mayor is entitled to receive the allowance for the office of Mayor and the acting Deputy Mayor is entitled to receive the allowance for the office of Deputy Mayor.".

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6 New sections 11A to 11E inserted

After the heading to Division 2 of Part 3 of the City of Greater Geelong Act 1993 insert—

"11A Term of office of Mayor

(1) The Mayor goes out of office at 6 a.m. on the day appointed for each general election.

(2) The office of Mayor also becomes vacant if the person holding the office—

(a) dies or ceases to be eligible to be a Councillor; or

(b) delivers a signed notice of resignation to a Council meeting or to the Chief Executive Officer; or

(c) is ousted from office by the Supreme Court; or

(d) is disqualified from holding the office following a finding made by VCAT of serious misconduct or gross misconduct by the Mayor under section 81K of the Local Government Act 1989.

(3) If VCAT makes a finding of serious misconduct or gross misconduct by the Mayor under section 81K of the Local Government Act 1989, the Mayor is disqualified from holding the office of Mayor from the date of the finding and for the remainder of the term of the Council unless VCAT otherwise orders.

11B Filling of vacancy of office of Mayor

(1) If the office of Mayor becomes vacant 6 months or more before a general election is due, an election to fill the vacancy must be held on a Saturday to be appointed by the

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Minister under section 38 of the Local Government Act 1989.

(2) If the office of Mayor becomes vacant less than 6 months before a general election is due, the Council may decide to fill the vacancy in accordance with sections 37 and 38 of the Local Government Act 1989.

(3) If there is a vacancy in the office of Mayor, the Deputy Mayor must be the acting Mayor for the duration of the vacancy.

(4) If the Mayor is absent, incapable of acting or refusing to act, the Council may by resolution appoint the Deputy Mayor to be the acting Mayor until the Mayor returns, is capable of acting, or is willing to act, as Mayor again.

(5) An acting Mayor may perform any function or exercise any power conferred on the Mayor.

11C Election of Deputy Mayor

(1) The Council must elect a Councillor to be Deputy Mayor of the Council.

(2) If the office of Deputy Mayor becomes vacant, the Council must elect another Councillor to be Deputy Mayor of the Council as soon as practicable.

(3) The office of Deputy Mayor becomes vacant—

(a) at 6 a.m. on the day of a general election; or

(b) on a date determined by the Council which is not more than 12 months after the election of the Deputy Mayor; or

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(c) if he or she dies or ceases to be a Councillor; or

(d) if he or she is elected to the office of Mayor; or

(e) if his or her office as a Councillor is suspended for any period.

(4) If VCAT makes a finding of serious misconduct or gross misconduct by a Councillor under section 81K of the Local Government Act 1989, the Councillor is disqualified from holding the office of Deputy Mayor from the date of the finding for the remainder of the term of the Council unless VCAT otherwise orders.

(5) If the Deputy Mayor is required to be acting Mayor for a period exceeding one month, the Council must elect another Councillor to be acting Deputy Mayor for the relevant period.

11D Precedence of Mayor

(1) The Mayor of the Council takes precedence at all municipal proceedings within the municipal district.

(2) The Mayor must chair all meetings of the Council at which he or she is present.

(3) If the Mayor is absent from a meeting of the Council, the Deputy Mayor must chair the meeting if the Deputy Mayor is present.

(4) If both the Mayor and Deputy Mayor are absent from a meeting of the Council, the Councillors who are present at the meeting must appoint one of their number to chair the meeting.

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11E Special functions of Mayor

(1) The Mayor of the Council may, at his or her discretion—

(a) appoint a Councillor of the Council, to a non-remunerated position, to be the Council's representative, on a body in respect of which the Council is entitled to representation;

(b) appoint a Councillor of the Council to be the chairperson of a special committee of which at least one member of the committee is a Councillor.

(2) For the purposes of subsection (1)(b), if a Councillor appointed by the Mayor to be chairperson of a special committee was not already a member of that committee, he or she becomes a member of that committee on that appointment.

__________________".

7 New Part 4 inserted

After Part 3 of the City of Greater Geelong Act 1993 insert—

'PART 4—ELECTORAL REPRESENTATION REVIEWS AND SUBDIVISION REVIEWS

16 Operation of Part

The first review conducted in accordance with this Part must be before the general election of the Council in 2016 is held.

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17 Application of Divisions 2, 3 and 4 of Part 10 of the Local Government Act 1989

Divisions 2, 3 and 4 of Part 10 of the Local Government Act 1989 apply to the Council and the City of Greater Geelong subject to the modification specified in this Part.

18 Purpose of review

Section 219A of the Local Government Act 1989 applies as if for "all Councils" there were substituted "all Councillors of the Greater Geelong City Council other than the Mayor".

__________________'.

8 Repeal of amending Act

This Act is repealed on 28 October 2013.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes

City of Greater Geelong Amendment Act 2012No. 1 of 2012

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† Minister's second reading speech—

Legislative Assembly: 23 November 2011

Legislative Council: 8 December 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the City of Greater Geelong Act 1993 and for other purposes."