Councillor
Support
Major Policy
Incorporated by reference in the Councillor Code of Conduct
August 2020
023 - 0120
Contents
SECTION 1: SCOPE AND
PRINCIPLES
1
1.1 Purpose
1
1.2 Scope
1
1.3 Principles
1
1.4. Policy Statement On Reporting
Councillor Support Expenses
2
1.4.1 Reporting to Councillors
2
1.4.2 Publication
2
1.4.3 Allowances
2
SECTION 2: PROFESSIONAL
DEVELOPMENT
3
2.1 Professional Development –
Conferences, Courses And Training 3
2.1.1 Induction
3
2.1.2 Ongoing Development
3
2.1.2.1 Definition of Demonstrable
Benefit
3
2.1.2.2 Courses Nearing End
of Council Term
4
2.1.3 Support Expenses Covered 4
2.1.4 Attending conferences
and seminars
4
2.1.4.1 Accompanying partners/guests 5
2.1.4.2 Presenter at a conference 5
2.1.5 Planning sessions
and workshops
5
2.1.6 Training courses and seminars 5
2.1.7 Memberships and subscriptions 5
2.1.8 Requirements and Limits 5
2.1.9 Accountability
6
SECTION 3: CIVIC
REPRESENTATION
& ENGAGEMENT
7
3.1 Events and Functions
7
3.1.1 Events covered
7
3.1.2 Requirements
7
3.1.3 Civic hosting
8
3.2 Community Engagement
8
3.2.1 Online Engagement
8
SECTION 4: TRAVEL
AND TRANSPORT
9
4.1 Travel - Local
9
4.1.1 Car parking fees and permits 9
4.1.2 Public transport
9
4.1.3 Use of taxis/Uber
9
4.1.4 Use of car share
schemes/hire cars
9
4.1.5 Use of private vehicles
9
4.1.6 Tolls
10
4.1.7 Council fleet vehicles
10
4.1.7.1 Mayoral vehicle
10
4.1.7.2 Councillor access to
fleet vehicles
10
4.1.8 Accommodation and
incidentals
10
4.2 Interstate and International Travel 11
4.2.1 Authorisation and
reporting framework
11
4.2.1.1 Proposal to travel by Mayor,
Deputy Mayor and Councillors 11
4.2.1.2 Leveraging opportunities –
additional stakeholder meetings 11
4.2.1.3 Undertaking Council business
while on private travel
11
4.2.1.4 Partner/companion travel 11
4.2.1.5 Non-Council funded travel 11
4.2.2 Air/train travel for
Council business
12
4.2.3 Bookings and confirmation 12
4.2.4 Travel documentation
12
4.2.4.1 Insurance
12
4.2.4.2 Passport and visas
12
4.2.5 ICT arrangement and expenses 12
4.2.6 Reimbursement of travel
expenses
13
4.2.7 Travel expense reporting 13
SECTION 5:
COMMUNICATIONS
14
5.1 Equipment and Services
14
5.1.1 ICT devices
14
5.1.1.1 Broken and faulty devices 14
5.1.2 ICT policies
14
5.1.2.1 Non-Council related use 14
SECTION 6:
ADMINISTRATION
AND FACILITIES
16
6.1 Administrative Support and Services 16
6.1.1 Administrative Support
– Mayor
16
6.1.2 Administrative Support
- Councillors
16
6.1.3 Councillor Portal
16
6.1.4 Stationery/Mail
16
6.1.5 Photocopying
16
6.1.6 Newspapers/Publication
subscriptions
16
6.1.7 Photographs
16
6.1.8 Name Badges
17
6.1.9 Business Cards
17
6.1.10 Uniforms
17
6.2 Councillor Facilities
17
6.2.1 Catering
17
6.2.2 Office of Mayor
17
6.2.3 Councillor Offices
17
6.2.4 Access and Parking
17
6.2.5 Meeting Rooms and Venues 18
SECTION 7: CARER SUPPORT,
AND WELLBEING
19
7.1 Expenses Incurred in the
Provision of Carer Services
19
7.1.1 Approved carers
19
7.1.2 Carer costs
19
7.2 Support for a Councillor With a Disability 19
7.3 Health and Wellbeing
20
7.3.1 Counselling support
20
7.3.2 Protective clothing
20
SECTION 8: LEGAL AND
INSURANCE
21
8.1 Legal
21
8.1.1 Compliance with
legislation and policy
21
8.1.2 Procurement of legal advice 21
8.1.3 Legal protections
21
8.2 Insurance
21
8.2.1 Councillors and Officers Liability 22
8.3 Occupational Health and
Safety and Work Cover
22
SECTION 9: EXCLUSIONS 23
SECTION 10:
REIMBURSEMENT
24
10.1 Timeframe for Claims
24
10.2 Reimbursement
24
10.2.1 Forms and Receipts
24
10.2.2 Councillor Reimbursing
Personal Use
24
10.2.3 Authorisation levels
24
10.2.4 Accountability and Reporting 25
10.2.5 Tax requirements
25
SECTION 11: RELATED
POLICIES AND RESOURCES 26
REFERENCES
26
AMENDMENT OF
MAJOR POLICY
26
Councillor Support Major Policy
1
SECTION 1: SCOPE AND PRINCIPLES
1.1 Purpose
Significant demands and expectations are placed on the Mayor and Councillors of Brimbank City Council in carrying out their
civic and statutory functions. This major policy provides an overview of how the Council can provide assistance and support to
the Mayor and Councillors when conducting council business. The policy recognises the support Councillors require to serve,
engage and act in the best interests of the community.
The allowance paid to Councillors is set by the State Government. The current allowance rates can be found on Brimbank City
Council’s website at www.brimbank.vic.gov.au. Section 42 of
Local Government Act 2020
(
the Act
)
the Act
requires a Council to
make available minimum resources and facilities for the Mayor and Councillors.
Councillors and members of delegated committees are entitled, under section 40 and 41 of
the Act
, to reimbursement of bona
fide expenses reasonably incurred in the performance of their duties. This policy ensures that the reimbursement of these
expenses is in accordance with
the Act
and meets
the Act’s
principles of public transparency; achieving the best outcomes for
the municipal community; and ensuring the ongoing financial viability of the council.
The cost of allowances and reimbursed expenses paid to Councillors, together with the costs of related services and
resources, are managed as part of Council’s annual budget process and publicly reported in compliance with
the Act
and this
Policy.
Councillors should put in place processes for documenting their claimable expenses. They should also seek their own financial
and taxation advice.
1.2 Scope
The Councillor Support Major Policy (Policy) supports, and is incorporated by reference in, the Councillor Code of Conduct
(Code). This Policy applies to a Councillor of Council. For the purposes of this Policy, the term ‘Councillors’ includes the Mayor,
the Deputy Mayor and all other Councillors of Council.
This policy should be read in conjunction with the current version of the Conduct During Elections Policy.
1.3 Principles
The general principles underpinning the Policy are:
1. Councillor support expenses are those bona fide costs necessarily incurred by Councillors (out-of-pocket) or on behalf of
Councillors, in conducting their official Council duties.
2. ‘Official Council duties’ are defined as a Councillor attending:
• Council Meetings or Committees of Council
• Formal briefing sessions and planning forums
• Civic or ceremonial functions convened by the Council or presided over by the Mayor
• Meetings scheduled by the Council or the Mayor
• A meeting, function or other official role as a representative of the Council or Mayor, including meetings with
residents and constituents
• Meetings of advisory or external committees, community groups, organisations and statutory authorities to which
the Councillor has been appointed the Council delegate/representative
• Conferences, study tours/official visits (domestic and overseas), seminars and training sessions as a Councillor
where attendance has been approved by Council or in accordance with this Policy. This includes travel to and from air,
rail or other transport when embarking on interstate or international Council business.
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Councillor Support Major Policy 2020
3. The services and facilities provided are for use while conducting Council related business.
4. When claiming out-of-pocket expenses, tax receipts or supporting documentation must be provided to support claims.
5. Any costs incurred by a Councillor which are not covered specifically within the Policy will not be met, unless the Councillor
has received prior authorisation from the Council or, by delegation, from the Chief Executive Officer.
6. Remuneration or fees offered to Councillors for participation in external activities in the capacity of Councillor should
be paid to Council. This includes fees for presentations delivered at conferences and seminars. It also includes fees for
positions on external boards, committees and organisations received by virtue of direct appointment by resolution of
Council – excepting MAV, VLGA, and the Metro Waste Board. In circumstances where fees are offered for positions gained
through a separate election or selection process conducted by an external organisation, a Councillor may retain the fees.
1.4. Policy Statement On Reporting Councillor Support Expenses
As part of Council’s commitment to open and transparent activities and in accordance with
the Act
, Councillor Transparency
Policy and the Public Transparency Policy, details of support expenses incurred by the Mayor and Councillors are subject to
regular reporting.
Councillor expenses are reconciled and reported to Council’s Audit and Risk Committee on a quarterly basis and are made
public via Council’s website.
Section 3.4 of the Policy outlines the Councillor expense categories which form the basis of the quarterly report.
1.4.1 Councillor Expense Reports
Councillors will be provided with quarterly reports on expenses that they have claimed which have been accepted by Council
as directly attributable to their role as Councillor in accordance with the categories described in Sections 3.1 and 3.2 of this
Policy.
Councillors will generally be provided 5-7 days to review a report and seek clarification from Council where required, prior to
the issuing of the Council Meeting Briefing agenda.
Councillors shall be given an opportunity to reimburse Council for any expenditure incurred on non-Council related business.
Where a Councillor chooses to reimburse Council, reimbursement should occur by the end of the month of which the expense
was incurred.
1.4.2 Publication of expenses
Councillor expenses will be presented to a Council Meeting on a quarterly basis, and published on the Council website for the
term of the Council. Expenses incurred as part of interstate and international travel on behalf of Council will be recorded in the
travel register (refer to Councillor Transparency Policy).
1.4.3 Payment of Allowances
Section 39 of
the Act
provides for payment of annual allowances to the Mayor and Councillors, in accordance with a
Determination of the Victorian Independent Remuneration Tribunal under the
Victorian Independent Remuneration Tribunal
and Improving Parliamentary Standards
Act 2019 (section 23(a)); a Council must review and set the allowance amount within
the category range within six (6) months of a general election.
Councillors will also be paid an amount equivalent to the superannuation guarantee, as published by the Minister for Local
Government. In accordance with section 39 (5) of
the Act
, the Mayor and Councillors may elect to:
(a) receive the entire allowance to which they are entitled; or
(b) receive a specified part of the allowance to which they are entitled; or
(c) receive no allowance.
Council must review and set the allowance amount for the Mayor and Councillors, in accordance with
the Act
. Allowances are
taxable income. Any personal taxation implications are the responsibility of the Councillor.
Councillor Support Major Policy
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SECTION 2: PROFESSIONAL DEVELOPMENT
2.1 Professional Development – Conferences, Courses And Training
Councillors have the opportunity to participate in professional development opportunities that will increase their skills and
knowledge relevant to their duties of office, and improve their effective community representation and advocacy, especially in
relation to their Portfolio responsibilities.
Professional development may include conferences, courses, and training - generally a one-off, occasional or short-term
nature, and supported by a program, course material or invitation by organisers.
Council is required to make available for public inspection all details of overseas or interstate travel undertaken in an official
capacity by Councillors (with the exception of interstate travel by land for less than 3 days), including name, dates, destination,
purpose and total cost (including accommodation) to Council of the travel.
2.1.1 Induction
Councillors will be supported in their role through the provision of a comprehensive induction program arranged by the Chief
Executive Officer. Section 32 of
the Act
requires a Councillor to complete induction training within six (6) months after the day
the Councillor takes the oath or affirmation of office.
2.1.2 Ongoing Development
Councillors can seek assistance from the Chief Executive Officer or delegate to analyse their particular requirements and
identify appropriate professional development to meet their needs. The Chief Executive Officer/Director will provide a
response to the initial request within 14 business days, which may include a meeting to discuss individual needs.
Councillors may attend professional development opportunities that:
• Relate directly to the duties and responsibilities of the Councillor
• Relate to a Councillor’s portfolio responsibilities
• Are organised by a Local Government peak body/association - MAV, VLGA, ALGA, ALGWA, etc.
• Are a governance and leadership course approved by the Chief Executive Officer, such as the Australian Institute of
Company Directors (AICD) course
• Are specific needs based training approved by the Chief Executive Officer, including media, chairing, public speaking and
social media use;
and
• Have ‘demonstrable benefit’ for the City of Brimbank:
– 2.1.2.1 Definition of Demonstrable Benefit
a. Clearly apparent benefit to the City of Brimbank and its community
b. Relates directly to the role of Council or a Councillor of Brimbank (under the
Local Government Act
)
c. Clear link to achieving Council’s key commitments under the current Council Plan
d. Contributes to the development and skills of a Councillor, to perform their duties and responsibilities
e. Relevant to Portfolio/Advisory Committee responsibilities and supports the role of a Portfolio Councillor/
Representative in developing their knowledge and advocating for Portfolio issues
f. Unlikely to create the impression an attempt is being made to compromise the impartiality of the Councillor in
relation to their decision-making (including planning applications, tenders, policy positions, community fund,
budget process etc.)
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Councillor Support Major Policy 2020
Reasonable person test: I
f, before you became a Councillor, you read about this expense/attendance by a
Councillor, would you think it was reasonable?
– 2.1.2.2 Courses Nearing End of Council Term
Any professional development courses undertaken by a Councillor should provide a demonstrable benefit to the
Brimbank community. To reflect this commitment, all courses must be completed at least three (3) months prior to
the commencement of the election period for a general municipal election. For higher investment courses (more
than $5,000), such as AICD, to ensure benefit to the community, Councillors will only be able to undertake these
courses in the first three (3) years of the Council term.
2.1.3 Support Expenses Covered
Council will pay the following expenses for Councillor attendance at professional development opportunities:
• Registration.
• All meals for the duration of the Conference/Course within reasonable limits.
• Payment for the conference dinner.
• Accomodation that is booked through Councillor Support team from the day prior to commencement of the conference/
course and ending on the day where official sessions conclude, where the conference/course is held outside of
metropolitan Melbourne.
• Wifi costs.
• Transportation to, from and during the conference/course that are related to the duties of office. As appropriate,
transport arranged will be by:
- Aircraft – Economy Class (unless travel by business class is resolved by Council prior to travel)
- Taxi
- Private/Council vehicle (including car parking)
- Train/bus – economy class
- Hire car – up to standard 6 cylinder.
• Return transport will be covered, including if a Councillor stays for additional days at their own cost.
Council will not pay the following expenses for Councillor attendance at professional development opportunities:
• Any additional accommodation costs incurred as a result of the attendance of partners, children or other guests.
• Any additional meal costs incurred as a result of the attendance of partners, children or other guests.
• Charges for alcohol not consumed during a conference/course dinner where the ticket covers that cost.
• Minibar (excepting bottled water) and room phone charges will not be covered.
2.1.4 Attending conferences and seminars
Conferences and seminars are organised by local government related organisations, professional bodies and private sector
providers on issues and events which impact on the role of Councillors and the City of Brimbank in general.
Requests for attendance at interstate or international conferences and events must be made in line with the interstate and
international travel approval processes outlined in Section 4 of this Policy..
Councillor Support Major Policy
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– 2.1.4.1 Accompanying partners/guests
A partner or guest may accompany a Councillor to conferences, and conference-related events and functions.
Events and functions will generally involve luncheons and evening activities and be of a nature where other
attendees will be accompanied by partners. In situations where a Councillor wishes to invite one (1) guest to a
function or event, the cost and arrangements will covered by Council and reported as a Councillor expense (within
the Councillor’s personal development budget). Additional guests to a function or event, costs and arrangements
will be paid by the Councillor (as a personal cost).
If a partner, spouse, companion or children wishes to accompany a Councillor in a private capacity, such
accommodation is able to be booked through Councillor Support. Any additional costs incurred by the person
accompanying the Councillor in a private capacity, including meals or additional accommodation, will not be funded
by Council.
It is the responsibility of the Councillor to reimburse all private or personal costs to Council, within three (3) months
of the cost being invoiced. Failure to reimburse Council within this period will be considered a breach of the Code
and will be reported in accordance with
the Act
.
– 2.1.4.2 Presenter at a conference
Councillors may receive invitations to speak at a conference in their capacity as a Councillor. In some cases,
conference organisers may waive or cover registration fees for participation. This would be considered a gift or
hospitality benefit, and appropriate reporting in line with the Councillor Transparency Policy will be required. The
invitation to speak can only be accepted if it accords with Table 1 in the Councillor Protocol (in relation to primacy of
the Mayor, then Deputy Mayor, and then Portfolio Councillor)..
2.1.5 Planning sessions and workshops
Councillors will participate in Council planning and development sessions and workshops organised through the Chief
Executive Officer. The costs of these sessions, and any associated accommodation, meals, and travel, will be paid for by
Council.
2.1.6 Training courses and seminars
The Council strongly supports the enhancement of skills required by Councillors to assist in carrying out their role. This includes
participating in a range of one-off or short-term training courses, seminars and activities in a variety of areas of professional
and personal development. These may be provided internally or by professional bodies, private organisations and educational
institutions.
Councillors wishing to undertake any training courses offered outside Victoria need to seek travel approval in accordance with
requirements set out in Section 4 of this Policy.
Professional or personal development needs which require or involve on-going, longer-term support, guidance or mentoring
should first be discussed with the Chief Executive Officer or delegate who will assist Councillors in line with an agreed
framework and process, including in accordance with 2.1.2.2. The Chief Executive Officer will inform all Councillors of
implemented arrangements. Reporting will be in line with the Public Transparency Policy and the Councillor Transparency
Policy.
2.1.7 Memberships and subscriptions
Council will reimburse Councillors or directly pay membership and subscription fees to bodies and organisations whose
activities are relevant to the role of Councillors. In seeking membership or subscription, the Councillor will identify the link
to Council business and how membership will assist in development or fulfilment of their role. Appropriateness will be
determined by the Chief Executive Officer or delegate.
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Councillor Support Major Policy 2020
2.1.8 Requirements and Limits
A Councillor will discuss their desire to attend any interstate or overseas professional development with the Mayor and Chief
Executive Officer, prior to any arrangements being made.
All overseas travel by a Councillor will require approval by resolution of Council at a meeting open to the public.
The total maximum annual expenditure for attendance at professional development opportunities, directly related to the
Councillor role, is $20,000 (plus GST) per term pro rata. This expenditure include registration, accommodation, and related
travel and incidental expenses.
All registration, travel and accommodation arrangements and payment of costs will be organised by Councillor Support.
Councillors will provide Councillor Support with a reconciliation (including receipts) of all expenditure incurred within 10
business days of return, for the statutory registers to be updated.
2.1.9 Accountability
Within two weeks of return from any interstate or overseas professional development opportunity, the Councillor will provide a
written delegate’s report for inclusion at the next practicable Council Meeting, in accordance with the Councillor Transparency
Policy.
Councillors undertaking higher investment courses such as Australian Institute of Company Directors, will be required to sit
the accreditation. Their completion status will be publically reported as part of quarterly expense reports.
A Councillor who does not complete the accreditation will be required to refund the Council.
Training organised for all Councillors as part of the induction program or in-house development program, will not be required to
be reported as part of quarterly expense reports.
All other professional development opportunities costs will be publically reported quarterly, in accordance with the Councillor
Transparency Policy.
Councillor Support Major Policy
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SECTION 3: CIVIC REPRESENTATION & ENGAGEMENT
3.1 Events and Functions
Attendance at local events and functions is a key part of a Councillor’s representative role.
Councillors will carefully consider if their attendance at an event or function truly relates to the duties of office, and whether
community resources should be used to pay for their attendance.
Councillors are required to declare and avoid Conflicts of Interest and Misuse of Position in accordance with
the Act
,
Governance Rules and the Councillor Code of Conduct. Councillors will avoid conflicts of interest (or perceptions of) that may
arise as a result of their attendance at events and functions, including the applicable gifts threshold.
Hospitality is a gift where a Councillor attends an event or function:
• From free tickets the Councillor received and they have NO official duties to perform, or
• With free membership, or
• Where the hospitality is generous
Councillors will act in accordance with
the Act
, the Councillor Gifts and Hospitality Policy and the Councillor Protocol.
3.1.1 Events covered
If invited, Councillors will be supported to attend paid/non-paid events that:
• Are Council-organised or Council-sponsored.
• Are held by councils, groups or organisations in the City of Brimbank or the Metropolitan Region and have a ‘demonstrable
benefit’ to the local community, as defined at Section 2.1.2.1 of this Policy.
• Melbourne-based events hosted by key community partners/stakeholder organisations, departments or agencies,
where an official invitation is received and the Councillor has been invited in an official capacity and attendance has been
approved by resolution of Council or the Chief Executive Officer.
• Are not conflicting with any Council policies or resolutions, for example, gambling, and attendance can reasonably be
seen to support the achievement of Council‘s objectives.
• Are a ticketed event for Councillors invited by written invitation to attend local fundraiser/charitable events, where event
benefits the City of Brimbank directly.
• The cost of a Councillor’s partner or guest will be covered by Council. The ticket may constitute an applicable gift under
the Act
for the Councillor if accepted free of charge.
The Chief Executive Officer, in consultation with the Mayor, will determine appropriate events for Council to purchase ‘a table’,
if invited to do so. In principle, a table should be purchased only if 50 per cent or more of Councillors are able to attend.
3.1.2 Requirements
All event registration/ticket and payment for Councillors will be organised by Councillor Support. Council will only cover the cost
of the ticket price, and any incidental expenses relating to transport, car parking or family care will be claimed as per Section
10.2 Reimbursement.
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Councillor Support Major Policy 2020
3.1.3 Civic hosting
All formal civic hosting, for example, Council hosting a visiting delegation, will be by approval by Council resolution. The
resolution will include the benefit to the City of Brimbank in providing the hosting function. Where insufficient notice is
provided for Council to consider hosting a delegation, the Chief Executive Officer will determine whether the visit is to be
approved, in accordance with this Policy, the Councillor Gifts Protocol and Declaration of Gift Form.
All approved civic hosting arrangements will be organised and paid for by Councillor Support, as approved by the Chief
Executive Officer.
3.2 Community Engagement
Councillors will be supported in their engagement activities with the community through a Councillor Engagement Program,
reviewed and adopted by Council as required.
3.2.1 Online Engagement
Each Councillor will be provided with a web page on Council’s website – containing their official headshot photo, contact
details, ward map, representation on committees, and ward meeting details. These will be discontinued or amended to include
only minor details during an election period. By request, this web page can also link to an externally-hosted and resourced
webpage or social media page that a Councillor maintains, a disclaimer in relation to the externally hosted link will be included
on Councils webpage. Separate to Council’s own online profiles of individual wards, Councillors will use their own personal
resources to produce and distribute any ward updates, newsletters or social media presence/pages.
Councillor Support Major Policy
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SECTION 4: TRAVEL AND TRANSPORT
4.1 Travel - Local
Councillors and members of delegated committees are entitled, under section 40 of
the Act
, to reimbursement of bona fide
expenses reasonably incurred in the performance of their duties.
The following support is provided to assist Councillors and members of delegated committees with local travel costs when
conducting Council business. Councillors and members of delegated committees are encouraged to consider the most
environmentally friendly modes of transport and should take into account the circumstances of a particular situation including
weather, time of day and distance.
Where possible, all travel should be by most direct route, and carpooling is encouraged (where it is safe to do so) and where
more than one Councillor attends the same event or meeting.
4.1.1 Car parking fees and permits
On and off-street car parking fees may be reimbursed and claims should be accompanied by details stating the nature of
Council business and date and time of activity.
4.1.2 Public transport
Councillors shall have access to a Council supplied Myki card, via request to Councillor Support team, to enable travel on trains,
trams, buses and light rail journeys within and outside the municipality. Any personal use will need to be reimbursed to Council.
Councillors with personal Myki cards can submit a claim for specific trips undertaken on Council business.
4.1.3 Use of taxis/Uber
Cabcharge Cards issued to Councillors may be used for taxi services for Council business. Cabcharge Cards are to be used by the
cardholder only and must not be provided to any other individual for use, or used for personal business.
Councillors should retain information which will assist in the verification of nature of Council business, date, time and cost
of transactions. To assist the process, transaction statements will be issued to Councillors. Councillors who incur taxis costs
without use of a Cabcharge card can make a claim for reimbursement.
Councillors and members of delegated committees are able use Uber – or an equivalent registered service - for travel in
relation to Councillor duties. Costs will be reimbursed and claims should be accompanied by a tax receipt and claim form stating
the nature of Council business and date and time of activity.
4.1.4 Use of car share schemes/hire cars
Councillors wishing to use a car share scheme will be responsible for managing the booking and logistics. Council will not be
able to pay or reimburse annual subscription or registration fees for car share schemes. Councillors will be reimbursed for use
of car share schemes where the expense was incurred undertaking Council business.
Councillors will comply with all parking restrictions and Road Rules, and will be personally liable for any damage, or
infringement penalties received.
4.1.5 Use of private vehicles
Councillors and members of delegated committees are able to claim costs relating to use of a private vehicle based on the
following allowance rates may be claimed in accordance with the current Victorian Local Government Award.
A record of private vehicle use must be maintained by the Councillor and shall contain details of Council business, date,
destination and number of kilometres and any tolls.
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Councillor Support Major Policy 2020
Councillors and members of delegated committees will comply with all parking restrictions and road rules, and will be
personally liable for any infringement penalties incurred. Councillors will also be required to have current registration and
minimum third party insurance in place. Separate reimbursement for insurance is not able to be claimed, as it is covered in the
allowance rates above.
4.1.6 Tolls
Councillors and members of delegated committees may incur tolls including those associated with the use of CityLink while
conducting Council business. Councillors may seek reimbursement of costs associated with tolls, including the use of day
passes or those transactions incurred as part of existing personal e-tag accounts.
Council supplied e-tags will be provided for the Council fleet vehicle issued to the Mayor.
4.1.7 Council fleet vehicles
– 4.1.7.1 Mayoral vehicle
To assist in meeting the demands and expectations placed on the Mayor, a Council fleet vehicle shall be provided
for use by the Mayor during their term. This will include all associated costs including servicing, fuel and insurance.
The type of vehicle provided to the Mayor shall comply with the fleet policy. The vehicle will be traded in
accordance with the vehicle replacement policy, unless otherwise authorised by the Chief Executive Officer.
The Mayor may also opt for a bicycle instead of a motor vehicle, for use during their term. The Mayor will be
required to undertake appropriate safety training prior to initial use.
The Mayor will use the vehicle primarily to carry out their duties of office, and may also use the vehicle for
reasonable private use. The Mayor should ensure they seek appropriate financial advice from an expert in relation
to their tax position if they choose to use a Council fleet vehicle. Requests related to support for disability - or
family care-related requirements to the vehicle, such as the provision of child seats, can be made through the Chief
Executive Officer.
The Mayor will comply with all parking restrictions and road rules, and will be personally liable for any infringement
penalties received.
If the Mayor does not require a Council vehicle, and chooses to use their private vehicle/s to carry out their duties
of office, an allowance in accordance with 4.1.5 applies.
– 4.1.7.2 Councillor access to fleet vehicles
When available and practicable, and by prior arrangement through Councillor Support, a Council fleet vehicle may
be made available to a Councillor for travel outside the municipality, where use of private vehicle or other means of
transport is not possible or is cost prohibitive.
Councillors will fill be responsible for filling out the logbook in a fleet vehicle. Councillors will comply with all parking
restrictions and Road Rules, and will be personally liable for any infringement penalties received
4.1.8 Accommodation and incidentals
When travelling on Council business in outer metropolitan Melbourne and regional Victoria, Councillors may require
accommodation. Councillors can stay in reasonable accommodation appropriate to the area travelled to and the nature of the
visit.
Bookings for accommodation should be made through Councillor Support team. Prior to making the booking, the authorisation
of the Chief Executive Officer or delegate must be obtained. All reasonable sustenance and incidental costs associated with
outer metropolitan Melbourne and regional Victoria travel will be met by Council. If travel includes attendance by a partner,
spouse, companion or children, Council will only cover expenses in accordance with Section 2 of this Policy.
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4.2 Interstate and International Travel
As part of their duties, the Mayor, Deputy Mayor and Councillors may be required to undertake interstate and international
travel on behalf of Council. Representation of Council at national/international levels can be an important part of developing,
communicating and implementing Council policy and includes:
• Travel to investigate issues, projects or activities of relevance to actions contained in the Council Plan and other policies
and programs including those relating to portfolio responsibilities.
• Attendance at conferences, workshops and forums as either a presenter or a delegate on topics relating to Council’s
policies, aims and projects or on areas of professional development for Councillors.
Where a request is initiated by Councillor and approved by the Chief Executive Officer for travel that includes attendance by a
Councillors partner, spouse, companion or children scheduling will be processed in conjunction with the Councillors bookings
for each additional attendee by the Councillor Support team. A Council tax invoice will be raised to the Councillor for the full
cost incurred excluding any expense for Councillor duties, with payment required by Councillor in full within three month of the
invoice date by Council. Additional expenses will be paid in accordance with Section 2 of this Policy. Failure to reimburse Council
within this period will be considered a breach of the Code and will be reported in accordance with
the Act
.
4.2.1 Authorisation and reporting framework
– 4.2.1.1 Proposal to travel by Mayor, Deputy Mayor and Councillors
All proposals relating to international travel by the Mayor, Deputy Mayor and Councillors requires the approval by
resolution of Council. Such proposals should be presented in a report by the relevant Director or Manager, including
identification of how the proposal will underpin or support Council’s Council Plan actions, key strategies or Portfolio
responsibilities, and the costs of the proposal.
Interstate travel does not require approval by Council. Financial thresholds and requirements as per section 2.1.4
apply. A Councillor must report interstate and international travel to Council in accordance with the Councillor
Transparency Policy, including a conference/post travel report, and a briefing to Councillor colleagues.
– 4.2.1.2 Leveraging opportunities – additional stakeholder meetings
If a Councillor wishes to include additional meetings relating to their Councillor duties on either side of a conference
or professional development opportunity, they must request this in writing to the Mayor and Chief Executive
Officer. If determined to be appropriate, the meeting/s will be organised by the relevant Director. Approval to
represent Council, in accordance with the Councillor Protocol, will be required regardless of whether an expense is
incurred.
– 4.2.1.3 Undertaking Council business while on private travel
If the Mayor, Deputy Mayor or Councillor proposes to officially represent the Council while on private interstate or
overseas travel, authorisation should be sought in line with approval processes and requirements outlined above
in 4.2.1.2. Approval to represent Council is required regardless of whether or not expenses will be incurred.
– 4.2.1.4 Partner/companion travel
The cost of a partner, spouse, companion or children accompanying a Councillor on a business trip is the financial
responsibility of the Councillor for payment (as a personal cost). If a partner, spouse, companion or children wishes
to accompany a Councillor in a private capacity, such travel is able to be booked through Councillor Support. Any
costs incurred by the person accompanying the Councillor in a private capacity will not be funded by Council. It is
the responsibility of the Councillor to reimburse all private or personal costs to Council, within three months of the
cost being invoiced. Failure to reimburse Council within this period will be considered a breach of the Code.
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– 4.2.1.5 Non-Council funded travel
Offers of sponsored travel from international organisations, foreign governments, educational institutions and
industry bodies can be considered provided that:
• The offer of travel is not made in exchange for, nor with an expectation of, the granting of favourable
treatment
• The acceptance of the offer does not give rise to an actual or perceived conflict of interest.
Care must be taken to ensure that there is no conflict of interest in such situations with Councillors being seen to
use the status of their office to advance the interests of other organisations or interest groups.
Overseas or interstate visits in response to invitations from inter-governmental, official agencies, governments or
private organisations (where all or part of the costs are to be met by the Council) are subject to this Policy.
Councillors should seek advice from Council officers before accepting any sponsored travel.
Travel at the expense of other parties should be in accordance with the standards of the sponsoring organisation.
Supporting documentation should be provided confirming both external funding arrangements and appropriate
authorisation by the host city or organisation for such travel by Councillors.
Councillors undertaking private travel arrangements in conjunction with Council approved and funded travel, must
ensure that all costs incurred with private travel are clearly delineated from Council funded travel arrangements.
4.2.2 Air/train travel for Council business
Councillors can access return domestic air or train travel (economy) if they are on approved Leave of Absence, and need
to return locally to attend an Ordinary or Special Council Meeting. Travel will be organised and paid for by Council Support.
Reporting will be in accordance with
the Act
, Council’s Public Transparency Policy and Councillor Transparency Policy.
4.2.3 Bookings and confirmation
Travel and accommodation arrangements will generally not be made in anticipation of approval. However, it is recognised
that in some circumstances, tentative arrangements may need to be made to secure the most cost effective airfare and
accommodation options.
All travel and accommodation reservations apart from private travel and non-council funded travel, should be booked through
Councillor Support. To permit the option for bookings to be scheduled by Councillor Support team for travel by a partner,
spouse, companion or children; Councillors must confirm arrangements for travel and accommodation with the Councillor
Support team at the same time as requesting their own arrangements.
The Councillor will be responsible for all costs incurred for travel of additional parties, including insurances and where
applicable any cancellation fees.
4.2.4 Travel documentation
When travelling, Councillors will need to maintain accurate documentation relating to expenses incurred.
– 4.2.5.1 Insurance
Councillors are covered by Workcover under the
Workplace Injury Rehabilitation and Compensation Act 2013
,
both in Australia and overseas. Councillors are also covered by Council’s Personal Accident and Corporate Travel
Insurance policy. This covers Councillors whilst engaged in any activity connected with or on behalf of the Council.
Non-business related travel and non-business related items are not covered by this Policy. Any non-business
related travel including travel by a Councillor and travel by a partner, spouse, companion or children will require
consideration by Councillor to seek independent travel insurance.
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– 4.2.5.2 Passport and visas
Councillors travelling overseas on Council-related business are responsible for ensuring that they have a current
passport and obtain any required visas. Costs can reimbursed by the Council.
A Councillor will be responsible for ensuring that any additional travel by a partner, spouse, companion or children,
have a current passport and obtain any required visas. No reimbursement will be available for additional parties by
Council.
4.2.5 ICT arrangement and expenses
When using mobile devices while on international travel, Councillors should avoid excessive communication costs and are
encouraged to use internet services provided though place of accommodation.
Councillors on leave of absence will store their devices securely, or have their ICT devices appropriately managed by Councillor
Support, including an out of office message and disabling of data roaming, as appropriate. Where a Councillor travels overseas on
Council business, ICT staff will ensure appropriate international roaming on the Council ICT device before the Councillor leaves.
4.2.6 Reimbursement of travel expenses
Councillors must submit any claims for reimbursement within 30 days of return. Councillors will be required to complete a Claim
form via the Councillor Portal, with claims supported by accounts and other receipts.
The exchange rate to be applied by Councillors when making claims and reconciling expenses shall be the rate identified
by a banking institution or credit card company as being the closing rate on the day of departure for travel, or on the day of
transaction, where a credit card is used.
4.2.7 Travel expense reporting
All travel and associated expenses will be reported in accordance with
the Act
and the Councillor Transparency Policy.
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SECTION 5: COMMUNICATIONS
5.1 Equipment and Services
5.1.1 ICT devices
Section 42 of
the Act
, ensures that the Mayor and Councillors have the tools, services and facilities necessary to undertake
their roles.
Communication equipment and services shall be provided to assist Councillors in the conduct of Council business.
Councillors will be provided with an iPhone, an iPad and a laptop, in accordance with Council’s ICT procurement contracts. The
devices will be Wi-Fi, bluetooth and mobile data enabled. In car phone kits, powerbank, portable printer, Wifi extender and
Shredder will be provided if requested. Councillors can be provided with portable printers, on request.
Councillors will be provided with a maximum 6GB data plan for Council business, and unlimited storage plans.
A multifunctional device (to scan, print, email, copy) will be provided in the Councillor offices, to facilitate communication
relating to the Councillor’s duties.
Councillors will not have access to delete any Council standard applications provided on the iPhone and iPad.
– 5.1.1.1 Broken and faulty devices
For the safety and protection of these Council assets, cases will be provided for assets. If an asset is taken out of its
case, it is the responsibility of a Councillor to replace it with another case.
Councillors will present a broken or faulty device to Councillor Support for repair or replacement. Broken items will
only be replaced once per year per Councillor, and reported in accordance with the Councillor Transparency Policy.
A Councillor must report a stolen device to the Victoria Police and to Councillor Support as soon as possible. Stolen
devices will be replaced on receipt of a police report.
Every 12 months devices are recalled by the Councillor Support team to be tagged and tested to ensure the
device meets required standards. Any product not found to meet the requirements will be repaired or replaced as
required.
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5.1.2 ICT policies
Councillors will act in accordance with Brimbank City Council’s Mobile Phone Policy, Acceptable Use of ICT Resources Policy,
Mobile Computing Device Policy, Internet & Email Security Policy, and the Information Security Policy.
– 5.1.2.1 Non-Council related use
Council phones and mobile data enabled devices will be provided to support a Councillor to undertake their duties,
however, it is recognised that for practical reasons, a Councillor may make a reasonable number of non-Council
related calls. They may also make reasonable personal use of mobile devices, including mobile data.
Each Councillor will be responsible for determining the personal use to be reimbursed to Council. The Chief
Executive Officer may also determine where a Councillor’s personal phone or data use charges is beyond
reasonable limits, and require reimbursement.
International calls will not be considered reasonable use unless a Councillor is conducting Council business (such
as related to a conference/tour that has been approved by a resolution of Council). Telephone calls to information/
service providers which incur a significant per minute charge will normally not be considered reasonable use. App
store purchases will not be covered by Council and must be reimbursed.
Councillors must not, under any circumstances, use Council provided equipment for private business purposes,
including making telephone calls and using data (internet/email).
Councillors who take leave from their Councillor duties for two weeks or more, are required to provide devices back
to Council for the duration of their leave.
Councillors electing to use their own equipment will be entitled to receive a reimbursement package to cover the
costs of equipment use and consumables expenses relating to Councillor duties, in accordance with this Code.
Itemised bills will be provided to each Councillor on request. Councillors will reimburse Council in accordance with
Section 10 of this policy, on a monthly basis. Failure to reimburse Council for personal use that is deemed to be
beyond reasonable limits by the Chief Executive Officer will be considered a breach of the Code and be reported in
accordance with
the Act
.
The ongoing cost of ICT items and services is a reportable expense. This includes replacement for additional and
lost items such as devices chargers and leads.
The issued items remain the property of Council, are recorded in Council’s Asset Register, and must be returned at
the end of the Council term.
Councillors are responsible to ensure that fully charged Council issued devices (iPad, Iphone and laptop) are
brought to all scheduled meetings, along with plugs and charges as a supply backup.
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SECTION 6: ADMINISTRATION AND FACILITIES
6.1 Administrative Support and Services
6.1.1 Administrative Support – Mayor
Administrative support will be provided to the Mayor for work directly related to the duties of office, acknowledging the
responsibilities and greater level of commitments and expectations placed on the Mayor. All support will be overseen by the
Manager Governance, and undertaken by Councillor Support.
6.1.2 Administrative Support - Councillors
Limited administrative support is available to Councillors for work directly related to their duties of the office. All support will be
overseen by the Manager Governance, and undertaken by Councillor Support.
6.1.3 Councillor Portal
All information for Councillors, including Council, portfolio and committees agendas and minutes, request status updates, and
invitations, will be available through the Councillor Portal.
6.1.4 Stationery/Mail
When communicating with constituents, Councillors are encouraged to use electronic formats. Where postage services are
required on Council business related matters, Councillors shall have access to postal services which will be arranged through
Councillor Support.
Standard Council stationery will be made available in the Councillor Offices. Stationery will include paper, writing implements
and pads, USB drives, envelopes and a diary (on request). Councillors will not modify Council stationery in any way and will only
use reasonable supplies for carrying out their duties of office. The supply of stationery will be organised by Councillor Support.
6.1.5 Photocopying
A photocopier is provided in the Councillor Offices for a Councillor to undertake small amounts of photocopying directly
related to carrying out their duties of office. Photocopying on behalf of external groups or organisations is not permitted.
Photocopying is a reportable expense and Councillors will not use for any personal, business, political or election-related
material.
6.1.6 Newspapers/Publication subscriptions
Councillors will be provided with an internally-produced media monitoring record (Media Watch).
Annually, Councillors will have the option of a subscription to the Age and/or Herald Sun online newspapers. The
subscription/s will be a reportable expense, and are unable to be cancelled and refunded throughout that same annual
subscription period.
Councillors will be provided with subscription copies of key local government industry publications.
Councillors will be given the opportunity of sending corporate Christmas/Festive Season cards. These shall be available in
electronic format.
Councillors will not use images for any personal, business, political or election-related material.
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6.1.7 Photographs
On request, Councillors will be given access to the Council image library for carrying out their duties of office. The images
remain the property of Council (copyright) and will only be used by Councillors for a specified and approved purpose.
At request from Councillor to Councillor Support, Councillors will be able to update their official Councillor headshot (using a
Council-engaged photographer) each year.
Councillors will not use images for any personal, business, political or election-related material. All image access and use must
be approved by the Manager Media and Communications.
6.1.8 Name Badges
Councillors will be provided with a Councillor name badge (approved Councillor format) for use while carrying out their duties
of office.
6.1.9 Business Cards
Councillors will be provided with a Councillor business card (approved Councillor format) for use while carrying out their duties
of office.
On request, the business card may include a Councillor’s Facebook, LinkedIn or other social media address (set up and
maintained by a Councillor for the purposes of their role), but not a personal Facebook, LinkedIn or other social media address.
6.1.10 Uniforms
On request, Councillors will be able to access an item/s of uniform or use while carrying out their duties of office, up to a value
of $1,000 (excl. GST) per term, including any Council branding requirements. The item must include the Brimbank Council
logo. All items will be organised by Councillor Support, in consultation with the Councillor. Uniform items will be a reportable
expense. Uniforms may not be worn for election related events or activities.
6.2 Councillor Facilities
6.2.1 Catering
To assist Councillors in meeting the demands and expectations while conducting Council business, the following internal
sustenance arrangements shall be offered to all Councillors:
• Reasonable refreshments served on Council premises during meetings of Council business. The type of refreshments
shall depend on the nature of the meeting, timing and attendees.
• Reasonable meals served during evenings of Committees, Council and other key meetings.
• Provision of light refreshments in the Councillors’ Offices.
Catering for the above will be provided by Council’s contracted catering panel.
Alcohol will not be served or made available, except at official Council functions, as approved by the Chief Executive Officer.
Non-Council business related functions organised by a Councillor must be paid for by the Councillor.
Where a Council Meeting [or other meeting held that runs over two hours] is held by virtual livestream, a Councillor has an
option to order a meal to their location and submit through the Councillor Portal request for reimbursement a claim for the cost
of the meal to a total value of $20, with the supply of a tax receipt.
6.2.2 Office of Mayor
Due to the special role of the Mayor, a separate office is provided in the Councillors Office, including a computer and landline,
for the Mayor to carry out their duties.
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6.2.3 Councillor Offices
Councillors are provided with a shared office area - the Councillors Office - at Brimbank Community and Civic Centre,
reserved solely for Councillor use. The Councillors Office will be equipped with three workstations, including landlines and a
multifunctional device (to scan, print, email, and copy), a lounge and dining area, and a separate meeting room. The shared
office area will be suitable for office work, reading, research, and small meetings. Visitors can only be provided access if
accompanied by a Councillor.
6.2.4 Access and Parking
Councillors will be provided with a security card allowing 24 hour access to the Councillors Office. The Mayor will also have
access to the Mayor’s office. Parking spaces are available at the Brimbank Multi deck carpark.
6.2.5 Meeting Rooms and Venues
Councillors can book meeting rooms at Council-managed venues, subject to availability, for meetings where the primary
purpose is for the Councillor to carry out their duties. The Councillor must be in attendance at the meeting. Councillors are
required to schedule the use of any meeting room at Council-managed venue through Councillor Support. Due to the limited
space available, meeting must be scheduled on an individual booking and not able to be a standing booking. e.g. not available
to book for a monthly, school term or annual booking.
Requests made to Councillors by community, charitable or non-profit organisations for meeting rooms/venues, should be
referred to the appropriate operational area for assessment against policy and previously determined criteria. This includes
requests by external organisations for single, occasional or on-going access to meeting facilities for the conduct of that
organisation’s business.
As a general operating principle, in circumstances where individual Councillors, in pursuing an issue or project, believe it is
beneficial to arrange a function involving a large number of people, this should be arranged in consultation with the
appropriate operational area. Such functions should be funded by the relevant area, therefore ensuring attribution of the cost
to the project or issue. Where the cost cannot be attributed to a project or issue and the matter relates to Council business, the
function will require the approval of Council via resolution.
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SECTION 7: CARER SUPPORT, AND WELLBEING
7.1 Expenses Incurred in the Provision of Carer Services
Section 41 (c) and (d) of
the Act
provides for the reimbursement of child care costs to Councillors and delegated committee
members where the provision of child care is reasonably required for a Councillor or member of a delegated committee to
perform their role.
The Act
provides for re-imbursement of child care costs for children 0-15 years old where the Councillor is a
carer in a care relationship as stated in the
Carers Recognition Act 2012
, and/or the
Children, Youth and Families Act 2005
.
7.1.1 Approved carers
Reimbursement of costs will be available for immediate family only, that is, where the Councillor or domestic partner is the
primary care giver.
Council will reimburse the Councillor for carer expenses paid to:
• An accredited child care/attendant care provider/nanny or
• A person providing care who does not:
- Have a familial or like relationship with the Councillor, or
- Reside either permanently or temporarily with the Councillor - except where a live-in (professional) helper, such as a
nanny, is required to work extra time at extra expense because of the Councillor’s duties, or
- Have a relationship with the Councillor or their partner such that it would be inappropriate for Council to reimburse
monies paid to the care provider.
7.1.2 Carer costs
Councillors who require carer or support services for other immediate family members should raise the matter with the Chief
Executive Officer, or delegate, who shall advise on possible arrangements including reimbursement processes.
Requests for reimbursement will be processed on receipt of the following by Councillor Support:
• Councillor Claim Form – including details on the reason care was needed (official Councillor duties)
• Copy of receipt (clearly identifying the registered provider, type of service, date and time of service, hourly rate and hours
of service, provider signature and total payment received).
• A Statement by a Supplier Form required if the provider does not quote an Australian Business Number (ABN).
Fees will be payable per hour or part of an hour (subject to any minimum period which is part of the provider’s usual terms).
Block or full day care options are available if appropriate to support the Councillor’s duties of officer, with the approval of the
Chief Executive Officer or delegate.
Maximum fees will be determined as rates not exceeding reasonable market rates available within the municipality.
Delegated committee members will make claims for reimbursement for family care by supplying relevant details for the
request for reimbursement by email to the Councillor Support team. .
7.2 Support for a Councillor With a Disability
The Chief Executive Officer or delegate will assess and approve reasonable support - through additional facilities and
expenses - to allow a Councillor or member of a delegated committee with a disability to perform their duties of office..
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7.3 Health and Wellbeing
7.3.1 Counselling support
Councillors may be able to access Council’s Employee Assistance Program (EAP) counselling service – Councillor Support, to
assist with their health and wellbeing during their term of office. Access to this program can be requested through the Chief
Executive Officer or delegate.
7.3.2 Protective clothing
As appropriate, Councillors will be loaned protective clothing to meet safety requirements in carrying out the duties of office
(for example, high visibility vests for site visits). Councillors will return any protective clothing at the completion of the activity/
duty.
At the start of a Mayoral term the Mayor will be supplied with a single pair of steel caped safety boots to wear as instructed
when this Personal Protective Equipment is required. This item will be available to be retained by the Mayor.
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SECTION 8: LEGAL AND INSURANCE
This section outlines the legal and insurance protections, and support exemptions, for Councillors.
8.1 Legal
8.1.1 Compliance with legislation and policy
Councillors will comply with all relevant laws and regulations and adhere to Council‘s confidentiality, legal and privacy
requirements. Councillors will act in accordance with legislation, all Council Policies adopted under
the Act
, the Councillor Code
of Conduct, Councillor Respectful Conduct Policy, Council’s ICT policies, and Streaming Council Meeting Policy.
8.1.2 Procurement of legal advice
A Councillor may seek legal advice at their own expense – including advice relating to conflicts of interest – but must not direct
Council officers to do so.
Council will not pay for any legal advice organised or commissioned by a Councillor (including advice that relates to their duties
of office or Council matters). Any legal advice relating to Council matters will be procured through the Chief Executive Officer
(or their delegate), in accordance with the Code of Conduct and
the Act
.
Council will not bear the costs of legal representation for any party in a dispute resolution process. For avoidance of doubt,
this does not affect the ability of any party to a dispute to seek their own legal advice. Where a party procures their own legal
advice, the cost of the legal advice will not be paid or reimbursed by Council.
8.1.3 Legal protections
Public Council meetings are an open forum. Occasionally some things that are said may be regarded as defamatory.
Defamation occurs when statements are made and published about a person, which causes injury to that person’s reputation
by disparaging them, causing others to shun or avoid them, or subjects them to hatred, ridicule or contempt.
Councillors may have legal protection against defamation under ‘qualified privilege’ when undertaking their duties of office,
however, only when comments are made in good faith and without malice.
This includes comments made in a Council Meeting, to the media, at events, in hard copy or electronic publications (emails, sms
or on social media sites).
Third parties may attempt to hold Council liable for defamatory statements made by Councillors during a Council meeting. This
risk is increased if the meeting is recorded and published online or made available to the public. In that case, Council may be
liable for defamatory statements made by Councilors or members of the public, as it has published those comments.
In the event a Councillor makes an intentional defamatory comment, Council will not provide resources to legally defend the
Councillor, and the Councillor may face disciplinary action and/or could be sued in their personal capacity. Council will not
provide legal advice in relation to the liabilities of a Councillor.
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8.2 Insurance
Councillors and delegated members of committees are covered under the following Council insurance policies on a 24 hour
basis while undertaking their duties of office, including attendance at meetings of external bodies as Council’s representative
or delegate:
• Public Liability
• Professional Indemnity
• Councillors and Officers Liability
• Travel – Council business, including to and from Council meetings.
Council equipment provided to Councillors is covered for damage or theft under Council’s insurance policies. Councillors are
expected to exercise due care in protecting the equipment from damage or theft.
Councillors must provide information requested annually for insurance purposes, to ensure appropriate level of cover. For
claims relating to travel, an incident report must be completed.
8.2.1 Councillors and Officers Liability
Council will not bear the costs of legal representation for any party in an informal or formal dispute resolution process. For
avoidance of doubt, this does not affect the ability of any party to a dispute to seek their own legal advice. Where a party
procures their own legal advice, the cost of the legal advice will not be paid or reimbursed by Council. Councillors should
note that the nature of arbitral processes and Councillor Conduct Panels are an informal ones and as such should consider
participation without legal representation. Section 240A of the
Local Government Act 1989
relates to the possible imposition
of a surcharge (cost recovery) by the Secretary of the State Department in relation to any expenditure, deficiency or loss
incurred by Council due to the misconduct of a Councillor. That section provides that the Secretary of the State Department
may impose a surcharge any deficiency or loss has been incurred by the misconduct of a Councillor. In any such case, the
Secretary may by notice in writing require the Councillor to show cause why they should not be surcharged. If the Councillor or
member of the Council staff does not show cause to the satisfaction of the Secretary, the Secretary may by notice in writing
impose the surcharge.
8.3 Occupational Health and Safety and Work Cover
Councillors and delegated committee members will ensure they follow Occupational Health and Safety requirements
while undertaking their duties of office. A Councillor injured while carrying out their duties may be entitled to claim workers
compensation under the
Accident Compensation Act 1985
. Each case will be determined based on individual circumstances.
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SECTION 9: EXCLUSIONS
This section sets out the exclusions to reimbursement of expenditure by Councillors and delegated committee members.
Any expenditure not specified in this Code of Conduct will be the responsibility of the Councillor.
A Councillor and delegated committee members will not be able to be reimbursed for any claims made outside of the
timeframes specified. If a Councillor and delegated committee members does not claim a particular expense within the
designated timeframe, this cannot be claimed as an additional amount for another expense.
Any expenses arising for a Councillor and delegated committee members from a breach of road, traffic, parking or other
regulations or laws, will not be reimbursed or funded by Council.
Any expenses relating to legal advice or insurance, as set out in Section 8 of this Policy.
Council will not be able to reimburse Councillors for immediate family members/associates attending conferences, seminars,
training, planning sessions, or corporate hospitality or events, except as provided for in the policy.
Councillors and delegated committee members are ineligible for the Brimbank City Council employee discount rate for
membership to Council’s aquatic centres, as under legislation, they are not able to receive an employee financial benefit.
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Councillor Support Major Policy 2020
SECTION 10: REIMBURSEMENT
This section outlines the timeframes and requirements for reimbursement for, and by, Councillors and delegated committee
members. Councillors and delegated committee members will only claim reimbursement for reasonable, bona fide out-of
pocket expenses incurred while performing their duties of office.
10.1 Timeframe for Claims
Councillors and delegated committee members will submit their claims for reimbursement on a monthly basis, to ensure
equitable public reporting of expenses, and management within Council’s financial cycle.
All claims for an ending financial year will be finalised and submitted to Councillor Support by the end of that financial year.
Claims submitted outside the financial year they were incurred, will only be reimbursed with the approval of the Chief
Executive Officer (excepting expenses incurred in the month of June, which must be claimed by the end of July).
Claims by a Councillor for a previous term must be finalised within one month of a Brimbank City Council election or by-election.
After this time, the entitlement of the Councillor to claim the expense will cease.
Claims by a delegated committee members must be finalised within one month of ceasing to hold a position within a
committee. After this time, the entitlement of the committee members to claim the expense will cease.
10.2 Reimbursement
Councillors will act in accordance with this Code of Conduct and the following any reimbursement protocol or direction
provided by Council to claim reimbursement of expenses.
Councillors are aware their approved support expenses will be reimbursed in accordance with Council’s financial processes
(including fortnightly scheduled payment runs and electronic funds transfer only).
Councillors are responsible for retaining and submitting all documentation for their reimbursement claims. Councillors will
submit reimbursement claims on a monthly basis.
To maintain transparency and probity, all reimbursements will be paid directly into the Councillor’s nominated bank account. A
remittance of payment will be provided to the Councillor.
10.2.1 Forms and Receipts
Councillors and delegated committee member will submit all claims for reimbursement through the Councillor Portal, including
providing fully detailed tax receipts for any expenses incurred in accordance with this Code.
A Councillor claiming for private vehicle use is responsible for keeping a travel log, including mileage.
10.2.2 Councillor Reimbursing Personal Use
A Councillor is only able to reimburse Council, for personal expenses paid for by Council, for example, telephone calls, by a
Councillor making payment via Council’s Customer Service and providing a copy of the receipt to Councillor Support.
10.2.3 Authorisation levels
The Chief Executive Officer shall stipulate authorisation levels and designate Council officers in respect of reimbursement and
other expense transaction processes referred to in the Policy.
Remittance will be provided for Councillor's records.
Councillor Support Major Policy
25
10.2.4 Accountability and Reporting
The Chief Executive Officer or delegate has processes to monitor the quantum of Councillor expenses and review transaction
processes to ensure accurate allocation of costs.
Reporting will be in accordance with
the Act
and the Councillor Transparency Policy. The following Councillors support
expenses will be reported quarterly to an Ordinary Council Meeting and made available on Council’s website for the current
term:
• • Travel and Transport
• Vehicle Mileage
• Child Care/Family Care
• Professional Development – Conferences, Seminars, Training
• Individual Memberships
• Information and Communication Technology
• Events and Hospitality
• Administrative items – including photocopying and uniforms
The report will include details of reimbursements, including justification for claims made by Councillors that were approved by
the Chief Executive Officer (or delegate) to be paid outside the one month limit for claims.
Any reimbursement provided by a Councillor for personal use of Council resources, for example, phone calls, will be deducted
from reported support expenses.
Councillors and members of delegated committees will also have their expenses reported to the Audit and Risk Committee of
Council.
Please note: legal and insurance costs related to conduct matters will be reported separately to Council.
10.2.5 Tax requirements
When making a claim, Councillors and delegated committee member must supply tax invoices which are tax invoice compliant
for Goods and Services Tax purposes.
Councillors should seek their own personal taxation and financial advice.
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Councillor Support Major Policy 2020
SECTION 11: RELATED POLICIES AND RESOURCES
• Councillor Code of Conduct 2020
• Councillor Protocol 2019
• Councillor Transparency Policy 2020
• Councillor Respectful Conduct Policy 2020
• Councillor Gifts Protocol and Declaration of Gift Form
• Conduct During Elections Policy
• Councillor Portfolio Policy 2019
•
Local Government Act 2020
• All policies required to be in operation under the requirements of the
Local Government Act 2020
REFERENCES
Local Government Act 2020
, Councillor support and expenses policies and procedures of the Cities of Melbourne, Dandenong,
Maribyrnong, Hobsons Bay, Melton, Wyndham and Moonee Valley.
Amendment of Major Policy
This Major Policy can only be made, amended, modified or revoked, in accordance with the requirements of the Governance
(Major Policy Consultation) Local Law No. 3.
AMENDMENT OF MAJOR POLICY
This Major Policy can only be made, amended, modified or revoked, in accordance with the requirements of the Governance
(Major Policy Consultation) Local Law No. 3.
Rev
Reviewed Date
Reason for Amendment
Next Review Date
C
19 April 2016
Adopted as Major Policy as part
of Councillor Code of Conduct
Local Government Act 1989
February 2017
D
14 February 2017
Local Government Act 1989
requirement
October 2017
E
February 2020
Status as Major Policy
New standalone policy
(incorporated by reference in the Code)
June 2020
F
18 August 2020
Local Government Act
2020
update
August 2022
Brimbank City Council
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9249 4000
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