Councillor

Code of Conduct

November 2020

Contents

SECTION 1: BACKGROUND

1.1 Overview

1.2 Purpose

1.3 Scope

1.4 Commitment

1.4.1 Working Together - Statement Of Intent

1.4.2 Councillor Commitment to the Code Of Conduct 2

SECTION 2: COUNCILLOR CONDUCT

OBLIGATIONS

2.1 Primary Principles of Councillor Conduct

2.1.1 Act with integrity.

2.1.2 Impartially exercise my responsibilities

in the interests of the local community.

2.1.3 Not improperly seek to confer an advantage

or disadvantage on any person.

2.2 General Principles Of Councillor Conduct

2.3 Councillor Values And Behaviours

2.3.1 We Show Respect

2.3.2 We Act With Integrity

2.3.3 We Work Together

2.3.4 We Communicate Openly

2.3.5 We Strive for Excellence

2.4 Specific Councillor Conduct Obligations

2.4.1 Decision making

2.4.2 Use of Council information

2.4.3 Communications and media

2.4.4 Conflict of interest

2.4.5 Significant and/or intimate relationships

2.4.6 Interactions with Members of Parliament

2.4.7 Gifts and hospitality

2.4.8 Reporting fraud and corruption

2.4.9 Councillor and officer engagement

2.4.10 Use of Council resources

2.4.11 Meeting planning permit applicants

2.4.12 Political activity

2.4.13 Human rights and equal opportunity

2.4.14 Sexual harassment

2.4.15 Bullying

2.4.16 Occupational health and safety

2.4.17 Alcohol and other drugs

2.4.18 Fitness for duties

2.4.19 Interacting with children

2.4.20 Other policies and protocols

023 - 0120

SECTION 3: INTERNAL RESOLUTION

PROCEDURE

3.1 Purpose

3.2 Guiding Principles

3.3 Scope

3.4 Responsibilities

3.4.2 Mayor

3.4.3 Councillors

3.4.4 Chief Executive Officer

3.4.5 Principal Conduct Officer

3.5 Informal Resolution Between Parties

To An Interpersonal Dispute

3.6 Roles and Responsibilities - Informal Dispute

Resolution Process

3.7 Resolution Options – Informal Dispute Resolution

3.8 Conciliation Discussion – General

3.9 Conciliation Discussion Procedure

3.10 Facilitated Discussion – General

3.11 Facilitated Discussion Procedure

3.12 Mediation – General

3.13 Mediation – Procedure

3.14 Arbitration — Roles and Responsibilities – Formal

Dispute Resolution

3.15 Resolution Options – Formal Dispute Resolution Process 26

3.16 Application to Councillor Conduct Panel

3.17 Application to Councillor Conduct Panel – Procedure

3.18 Complaints to Chief Municipal Inspector

3.19 Public Interest Disclosures

3.20 Alleged Breaches of the Code Involving

Serious Health and Safety Risks

3.21 Application for Arbitration or Councillor

Conduct Panel in public interest

SECTION 4: DEFINITIONS

SECTION 5: SCHEDULE – DOCUMENTS

INCORPORATED BY REFERENCE

SECTION 6: REFERENCES

6.1

Local Government Act 1989

– Quick Reference Guide 36

6.2 References And Resources

Amendment of Major Policy

APPENDICES

Appendix 1 - Templates

Appendix 1a

Appendix 2 – Internal Resolution Procedure Flowchart

Councillor Code of Conduct

SECTION 1: BACKGROUND

1.1 Overview

The role of Council and Councillors, and governance arrangements that cover Brimbank City Council (Council), are set out in the

Local Government Act 1989 (the Act).

The primary objective for Council is to endeavour to achieve the best outcomes for the local community having regard to the

long term cumulative effect of its decisions. Further objectives are set out in the Act. Good governance is fundamental to the

achievement of Council’s objectives.

The Act requires Council to have a Councillor Code of Conduct (Code) and prescribes certain requirements. The Code sets

expected standards of Councillor behaviour and provides guidance in the event of any Councillor breach of the Code.

The Code was adopted by Brimbank City Council (Council) on (TBA) and is required to be reviewed within four months after a

general election. Council has also committed to reviewing the Code annually.

This Code replaces the previous Councillor Code of Conduct (Major Policy) 2019 adopted by resolution of Council on (TBA).

1.2 Purpose

The purpose of the Code is to set out the principles, values, standards and behaviours that will guide Council collectively, and

the Councillors individually, in undertaking their duties and obligations as set out in the Act, and all other applicable legislation.

This Code is intended to set a high standard of conduct in order to ensure good governance and maintain public trust in

Council. As custodians of a major metropolitan city, the Mayor, Deputy Mayor, and Councillors, hold important leadership roles.

1.3 Scope

This Code:

• Sets out the behaviour expected of elected representatives of Council.

• Supports and fosters good working relationships between Councillors, and between Councillors and employees of

Council, and the community.

• Mandates conduct by Councillors which builds public trust in the integrity of Local Government.

This Code applies to a Councillor of the City of Brimbank. For the purposes of this Code, the term ‘Councillors’ includes the

Mayor, the Deputy Mayor and all other Councillors of Council.

This Code adopts and incorporates relevant Councillor protocols, policies, procedures and other documents, as amended from

time to time, which are set out in the Schedule – Documents Incorporated by Reference at Section 5.

By agreeing to this Code, Councillors are expressly agreeing to the content of, and to be legally bound by the policies in Section

5, as amended from time to time.

Legislative obligations of Council and Councillors are set out in the Code where required by legislation. Council and Councillor

obligations in the Act, and other applicable legislation (as amended), apply to Council and Councillors, even if not expressly set

out in the Code.

This Code should be read alongside other Council documents, including the Council Plan, Council policies, protocols and

Council’s local laws, as applicable and as amended from time to time, which all form part of Council’s governance framework.

This Code should not be read as an exhaustive statement on the rights and obligations of individuals that ordinarily apply

under the law, including any avenues of reporting and redress that may be available in specific circumstances.

Councillor Code of Conduct

The Internal Resolution Procedure (Section 3) in this Code is intended to regulate complaints made by Councillors, and can

only be enacted by a Councillor of Brimbank City Council. Where members the public would like to make a complaint about

a Councillor alleging a possible breach or offence under the Act or this Code, this may be directed to the Mayor (or Deputy

Mayor), in accordance with the Internal Resolution Procedure, or the Local Government Inspectorate.

Where Council officers would like to raise a complaint against a Councillor for a possible breach or offence under the Act or this

Code, this should be referred to the relevant Director for action in accordance with the Internal Resolution Procedure.

1.4 Commitment

1.4.1 Working Together - Statement Of Intent

We commit to upholding the spirit of the Code of Conduct (Code) and wish the Code to be always read and interpreted through

this Statement of Intent (SoI).

Our express intention in adopting and being bound by the Code is to:

• always act with the highest levels of integrity, care and diligence to promote the best interests of the Brimbank

community as a whole, never for the benefit of one or more businesses, individuals, Wards, political parties or groups

of people, in accordance with the law and governance principles applicable to our role as Councillors;

• develop and monitor the execution of the Council Strategy (Strategy) but be mindful not to interfere in the operational

execution of the Strategy;

• act in accordance with agreed communication processes and channels (as approved Council) in a clear, respectful,

patient manner designed to be mindful to minimise the impact upon the Council’s resources and employees’ time;

• welcome and listen to differing views and advice of Councillors, Council employees and other people attending Council

related meetings of any kind and be open to constructive feedback;

• make decisions impartially and on the best evidence available; and

• accept accountability for our actions.

1.4.2 Councillor Commitment to the Code Of Conduct

I, as an elected representative of the community charged with decision making for Brimbank City Council, am committed to

undertaking the duties and responsibilities of my office by working together with my fellow Councillors in a respectful and

constructive manner to achieve the goals and vision for our City.

I recognise the importance of acting in accordance with the highest standards of governance, and that this is essential to

honest, accountable and effective government. My behaviour towards my colleagues, the employees of Council and the

community is critical to the teamwork required to be a successful and highly functioning public authority.

I acknowledge that I have been elected by the community to a position of significant responsibility with the expectation that I

will act in accordance with accepted values of our society.

I also acknowledge that Council is committed to the values of

Respect

Integrity

Working Together

Communicating

Openly

, and

Excellence

These values and associated obligations are set out in this Code together with additional conduct requirements and processes

for the management of behaviour which does not meet the required standards. The Code also incorporates specified

protocols, policies and procedures which underpin the values and provide guidance for the implementation and management

of Councillor conduct.

Councillor Code of Conduct

As a Councillor of Brimbank City Council I agree to:

• Act in accordance with the principles of good governance and respectful conduct and associated obligations set out in

the Code and legislation

• Provide civic leadership and contribute effectively to the interests and advancement of Council and its community

• Contribute to the strategic vision for Council and the community

• Uphold the public trust in the office of Councillor by refraining from any action or behaviour that would bring Council

into disrepute

• Act in accordance with all my obligations to the best of my skill and judgement.

This Code sets out my commitment to my fellow Councillors and the community to govern the City in a manner that accords

with the expressed behaviours, standards and values.

This Code will be reviewed in accordance with relevant legislative obligations. Additionally, Councillors will review this Code

annual to ensure that it meets and continues to meet community standards and expectations.

By signing below, I declare to my fellow Councillors, and to the community, that I have read, understood and will

abide by this Code of Conduct.

I, Councillor Victoria Borg, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Victoria Borg

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Sarah Branton, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Sarah Branton

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Thuy Dang, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Thuy Dang

Helen Morrissey

, Chief Executive Officer

Date

Councillor Code of Conduct

I, Councillor Sam David JP, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Sam David JP

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Margaret Giudice, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Margaret Giudice

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor John Hedditch, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr John Hedditch

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Bruce Lancashire, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Bruce Lancashire

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Sam David JP, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Sam David JP

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Maria Kerr, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Maria Kerr

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Bruce Lancashire, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Bruce Lancashire

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Trung Luu, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Trung Luu

Helen Morrissey

, Chief Executive Officer

Date

Councillor Code of Conduct

I, Councillor Georgina Papafotiou, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Georgina Papafotiou

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Duyen Anh Pham, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Duyen Anh Pham

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Virginia Tachos, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Virginia Tachos

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Kim Thien Truong, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Kim Thien Truong

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Jasmine Nguyen, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Jasmine Nguyen

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Jae Papalia, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Jae Papalia

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Ranka Rasic, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Ranka Rasic

Helen Morrissey

, Chief Executive Officer

Date

I, Councillor Virginia Tachos, will abide by this

Councillor Code of Conduct.

Witnessed by:

Signed

Cr Virginia Tachos

Helen Morrissey

, Chief Executive Officer

Date

Councillor Code of Conduct

SECTION 2: COUNCILLOR CONDUCT OBLIGATIONS

2.1 Primary Principles of Councillor Conduct

As a Councillor of Council, I will:

2.1.1

Act with integrity.

2.1.2

Impartially exercise my responsibilities in the interests of the local community.

2.1.3

Not improperly seek to confer an advantage or disadvantage on any person.

2.2 General Principles Of Councillor Conduct

In performing my role as a Councillor, I will:

2.2.1

Avoid conflicts between my public duties as a Councillor and my personal interests and obligations.

2.2.2

Act honestly and avoid statements (whether oral or in writing) or actions that will or are likely to mislead or

deceive a person.

2.2.3

Treat all persons with respect and have due regard to the opinions, beliefs, rights and responsibilities of other

Councillors, council staff and other persons.

2.2.4

Exercise reasonable care and diligence and submit myself to the lawful scrutiny that is appropriate to my office.

2.2.5

Endeavour to ensure that public resources are used prudently and solely in the public interest.

2.2.6

Act lawfully and in accordance with the trust placed in me as an elected representative. Support and promote

these principles by leadership and example and act in a way that secures and preserves public confidence in the

office of Councillor.

2.3 Councillor Values And Behaviours

In undertaking my role as a Councillor I will embrace and demonstrate Council’s corporate values, which set out our shared

goal to work together for Brimbank. In challenging and inspiring myself and others to realise our vision for the City, I will

demonstrate the following:

2.3.1 We Show Respect

I will value the contribution and individuality of others and contribute to healthy working relationships. In doing so, I endeavour

to:

• Recognise and encourage the ideas and contributions of others

• Show respect when interacting with, speaking to and about others

• Respect and relate well to people of diverse backgrounds

• Be courteous and approachable and respect others’ boundaries

• Behave in a professional and ethical manner

• Positively contribute to, and participate in, Councillor group activities

• Actively listen to, consider and debate other people’s ideas constructively, including when they are different to my

own.

Councillor Code of Conduct

This includes, for example:

• Treating a fellow Councillor, Council officers or members of the community as I would like to be treated

• Adhering to appropriate protocol during meetings and treating my fellow Councillors, Council officers and members of

the public with dignity

• Welcoming Council officers’ frank and fearless advice.

• Ensuring I have up-to-date knowledge of latest workplace standards and appropriate behaviours by seeking

information and guidance as necessary.

2.3.2 We Act With Integrity

I will conduct activities professionally and ethically and take responsibility for my decision-making and actions in an honest and

transparent way. I endeavour to:

• Deal with others fairly and consistently

• Follow through on my commitments

• Represent my views truthfully

• Be open to constructive feedback

• Accept accountability for my actions

• Ensure best use of resources

• Consider the whole picture, seek evidence before forming views and be prepared to discuss how views were formed.

This includes, for example:

• Abiding by relevant legislation and Council policies, protocols and procedures

• Encouraging an environment for the giving of frank advice or raising issues

• Supporting fellow Councillors if I believe they have been treated unfairly or disrespectfully

• Participating in the appropriate budget and resource planning sessions – and not attempt to have resources allocated

or committed outside of the Council Plan and budget processes.

2.3.3 We Work Together

I will behave in a transparent, collaborative and professional manner, for the betterment of the City of Brimbank. I endeavour

to:

• Create a positive, safe and creative culture and environment

• Adopt a ‘no surprises’ approach in my interactions with fellow Councillors and the organisation

• Work with a genuine ‘spirit of inquiry’, including being open-minded and valuing others’ experiences and ideas

• Present and debate ideas and innovations to the best of my ability and willingly accept outcomes

• Have regard for my fellow Councillors and Council officers in all of my conduct.

This includes, for example:

• Sharing information and proposals with my fellow Councillors, prior to communicating publically

• Ensuring all Councillors have the opportunity to be included in group activities or communications.

Councillor Code of Conduct

2.3.4 We Communicate Openly

I will take responsibility for representing and communicating the needs of the entire Brimbank community. In doing so, I

endeavour to:

• Be open and transparent in my communication

• Listen to others, and engage in two way communication

• Stay informed, and keep others informed

• Engage with my fellow Councillors to share ideas and information

• Talk openly about issues, while respecting confidentiality

• Raise issues directly, constructively and in an appropriate forum.

This includes, for example:

• Actively listening to the views of others, and allowing space for everyone to have their say

• Being prepared to raise issues through appropriate channels on workplace issues that fall short of expected values

and behaviours.

2.3.5 We Strive for Excellence

I will aim to achieve the highest standards and continuously improve performance to achieve outstanding outcomes for

Brimbank. In doing so, I endeavour to:

• Strive to achieve the best outcomes for the community

• Welcome innovation and creativity, and seek opportunities for improvement

• Understand what is required to deliver excellence in my role, and seek support when needed

• Upholding the 'Community First' approach by being responsive to community.

This includes, for example:

• Undertaking any training and development necessary to meet the obligations and standards expected of me

• Supporting a culture where everyone lives by shared Council values and standards

• Voluntarily contributing to conversations to collectively reflect on our practice of the Code

• Demonstrating leadership by modelling agreed Councillor values and behaviours

• Following protocol to ensure community requests are dealt with in a prompt and appropriate manner.

2.4 Specific Councillor Conduct Obligations

The following section sets out specific conduct obligations that are agreed by all Councillors.

I acknowledge and agree that Council policies, protocols and procedures referred to below apply to me as a Councillor and I

commit to compliance with them and with my legislative obligations.

2.4.1 Decision making

I am committed to making all decisions impartially and in the best interests of the community. I will actively participate in the

decision-making process and appropriately inform myself of the matter at hand. Once a decision has been made, I will respect

the making of that decision, and comply with the Councillor Protocol.

I recognise that collaborative discussion and planning is essential to the effective governance of the City, and will attend and

participate in planning sessions and workshops organised by the Chief Executive Officer for the purpose of strategy and

budget.

Councillor Code of Conduct

The Councillor Protocol and Governance (Meeting Procedure) Local Law 2015 (Local Law) sets out the procedures for decision

making by Council, including communication of the decision.

I agree to abide by the obligations set out in the Councillor Protocol and Local Law.

2.4.2 Use of Council information

I acknowledge that information which is “confidential information” within the meaning of section 77 of the Act may not be

disclosed by me except in certain specified circumstances. I am aware that Council information may also be subject to other

legislation including the Health Records Act 2001, Privacy and Data Protection Act 2014 and Freedom of Information Act 1982.

The Councillor Protocol sets out the agreed approach to dealing with confidential information, requests for access to Council

information, and appropriate use of Council information.

I will comply with any legislative provisions and Council policies concerning my access to, use of, or disclosure of Council

information, whether confidential or otherwise

2.4.3 Communications and media

I will:

• Send information requests via the Councillor Information Request portal

• Send service requests via the Councillor Service Request portal

• Refrain from sending information or service requests via telecommunications or email

• Refrain from communications with fellow Councillors or Council staff outside of Monday to Friday and outside of

8:00am and 8:00pm, unless a matter is urgent in which instance they will note in the communications that the matter

is urgent and why

• Refrain from copying in fellow Councillors or Council staff to emails on an “information only” basis, and

• Name each recipient or person copied in to an email within the body of the email, and specify the purpose for which

the Councillor has sent or copied them in the email so as to ensure clarity around each individuals role and avoid over

use of a “reply all” function.

Councillors have an obligation to effectively communicate the decisions of Council, and to respond to the community

as appropriate. To ensure that clear and consistent messages are communicated, the Councillor Protocol sets out the

management of media enquiries, release of information and nominated spokespersons.

I will comply with the Councillor Protocol and respect the roles of Council’s official spokespersons. I will also:

• Respect Council’s decisions by not criticising or actively undermining any decisions which have been made by Council,

and not bring Council into disrepute through any of my words or actions

• Not speak on behalf of Council without authority, in accordance with the Councillor Protocol.

• Ensure any personal opinions or views I express publicly are identified as my own and does not represent a positon of

Council. In addition, if I choose to express a personal view or opinion, I will not do so in the context of a spokesperson

opportunity facilitated by Council.

• Ensure any communications I make are not offensive, derogatory, insulting or otherwise damaging to the reputation of

Council.

Councillor Code of Conduct

2.4.4 Conflict of interest

Sections 77A to 80A of the Act require each Councillor to identify, manage and disclose any conflicts of interest they may have.

I acknowledge that I have read and understand these provisions and will abide by them. In the event that I consider that I have

an actual or perceived conflict of interest in relation to a matter, I will declare and identify this at the commencement of any

discussion on the matter. I will seek advice from the Chief Executive Officer or other appropriate person if I need assistance on

interpretation of the legislative provisions.

I understand that the declaration must be made at any Council meeting, Committee meeting, briefing, advisory committee or

meeting at which a majority of Councillors and a Councillor officer is present, at which the matter is to be discussed.

I acknowledge that considering, determining, and declaring a conflict of interest is my personal legal obligation as a Councillor.

I understand Councillors are able to seek their own independent legal advice in relation to any of their conflict of interest

matters.

2.4.5 Significant and/or intimate relationships

I understand that conflict and bias can arise from situations where relatives or people with significant and/or intimate

relationships work together, and this can potentially lead or be seen to lead to decisions I make as a Councillor being made for

reasons other than the public interest.

If I am involved in a relationship of a significant or intimate nature with another Councillor or a Council officer, I undertake to

disclose the fact of this relationship to the Mayor and the Chief Executive Officer.

2.4.6 Interactions with Members of Parliament

I understand Councillors have a legitimate role in advocating on behalf of our community, and this may include interactions

with, and representations to/by Members of State and Federal Government, and candidates in Government elections. I also

understand the need for transparency of these interactions, and ensuring the decisions of Council are not inadvertently

influenced by other levels of Government. I understand that this helps secure public confidence that engagement and

collaboration with people of influence is done with community good in mind.

I will declare and record any representations made to me, or by me, in my role as a Councillor, to/by a Member of Parliament

(or their staff), or a candidate in a State or Federal Government election. This record will be reported to the next practicable

Council Meeting, in accordance with the Councillor Transparency Policy. I will also advise the Member of Parliament (or their

staff) or candidate that the representation will be publically reported to Council.

2.4.7 Gifts and hospitality

I commit to compliance with my statutory obligations in relation to gifts and hospitality. I also undertake to comply with

Council’s policy to disclose all gifts, benefits or hospitality offered and/or accepted in my capacity as a Councillor, in accordance

with the Councillor Transparency Policy.

In addition, I commit to notify the Chief Executive Officer if in the conduct of my duties, I receive an inappropriate offer of a gift

or hospitality of any kind.

2.4.8 Reporting fraud and corruption

Ethical behaviour is an integral part of responsible, effective and accountable government. I acknowledge Council’s obligations

under the

Public Interest Disclosures Act 2012

to facilitate the making of disclosures of improper conduct by public officers and

public bodies, including Council, its employees and Councillors.

Councillor Code of Conduct

I will immediately report to the Chief Executive Officer and/or appropriate integrity body, in line with the Council’s Public

Interest Disclosures Procedures, any suspected, potential or actual fraudulent, criminal, unethical, corrupt or other

unacceptable behaviour that comes to my knowledge. I will participate as required to the best of my ability in any subsequent

investigation whether undertaken internally or externally.

2.4.9 Councillor and officer engagement

I have read and understood the requirements of Section 76E of

the Act

and I will not seek to improperly direct or influence

members of Council staff in the exercise of their duties. I will follow the Councillor Protocol which sets out interaction between

Councillors and the Chief Executive Officer, senior management and other employees.

2.4.10 Use of Council resources

I commit to using Council resources effectively and economically and in accordance with the Councillor Support Major Policy

and all other relevant policies. In particular, I will:

• Use Council resources, which may include equipment, information, staff resources, property of any kind and other

assets, which have been provided to me only for the purposes of my duties as a Councillor and not for private purposes

unless properly authorised to do so

• Maintain adequate security over Council property, facilities and resources in my possession or control

• Not use public funds or resources in a manner that is improper or unauthorised.

I will also ensure that any claim for support expenses that I may make will be in accordance with all legislative obligations and

the Councillor Support Major Policy.

2.4.11 Meeting planning permit applicants

When proposing to meet with a known or proposed planning permit applicant (or property owner, or their representative),

either for the purpose of discussing the application or where the application is likely to become a topic of discussion, I will

complete the Informal Planning Meeting Record to ensure the interaction with the planning permit applicant (or property

owner, or their representative) is documented.

2.4.12 Political activity

I am committed to ensuring that elections conducted by the Brimbank City Council are conducted fairly and democratically and

in accordance with the highest standards of governance. Where I am a sitting Councillor during an election period I will abide

by the requirements of the applicable legislation and the Conduct During Elections Policy and, whether or not I am standing for

re-election, I will at all times act towards all candidates in a manner that accords with Council values.

2.4.13 Human rights and equal opportunity

I acknowledge the human rights that are protected under the

Victorian Charter of Human Rights and Responsibilities Act

2006

and undertake to exercise my duties in a manner that is compatible with the rights set out in the Charter.

I acknowledge this undertaking extends to all my relationships as a Councillor, including with other Councillors, the Chief

Executive Officer and Council employees, as well as any member of the public with whom I may have contact, and any

decisions I participate in as a Councillor.

I am committed to treating all people with dignity and respect in accordance with the Councillor Respectful Conduct Policy,

which recognises that there is no place for unlawful discrimination, harassment (sexual or otherwise), racial and religious

vilification and victimisation of any individual.

Councillor Code of Conduct

2.4.14 Sexual harassment

Sexual harassment is against the law and will not be tolerated under any circumstances. I will:

• Uphold the Councillor Respectful Conduct Policy to ensure Brimbank City Council is safe, equitable and free from

unlawful discrimination and sexual harassment

• Not engage in any unwelcome conduct of a sexual nature towards another individual where a reasonable person,

having regard to all the circumstances, would have anticipated the possibility that the individual harassed would be

offended, humiliated or intimidated.

2.4.15 Bullying

Council is committed to maintaining a workplace that is free from bullying and where all people are treated with dignity and

respect. I will:

• Endeavour to work collaboratively and respectfully with my fellow Councillors and Council officers

• Uphold my obligations under Occupational Health and Safety legislation and support a safe workplace

• Not engage in repeated unreasonable behaviour toward another Councillor or member of Council staff that creates a

risk to the health and safety of that other Councillor or member of Council staff.

Unreasonable behavior, and definitions of bullying, are contained in the relevant legislation and the Councillor Respectful

Conduct Policy.

2.4.16 Occupational health and safety

Council is committed to providing and maintaining a safe workplace for all and recognises the provisions of the

Occupational

Health and Safety Act 2004

(

the OHS Act

) apply to Council and Councillors. The Chief Executive Officer has a clear

accountability for OHS matters, given their mandate under the

OHS Act

and will put policies and procedures in place from time

to time to ensure a safe workplace for Councillors to carry out their civic duties.

As a Councillor, I understand that occupational health and safety is a shared responsibility. Accordingly, I will:

• Comply with the

OHS Act

and incident and hazard reporting procedures

• Take reasonable care to protect my own health and safety as well as the health and safety of others in the workplace

• Undertake training, through Council, in order to obtain an understanding of the duties and obligations imposed by the

OHS Act

and their application to the duties of a Councillor

• Consider any health and safety implications of Council decisions.

2.4.17 Alcohol and other drugs

Council is committed to providing and maintaining a work environment that is safe and without risks to health.

I understand the importance of ensuring not only that I contribute to a working environment that is safe for all, but also that

any decisions I make are made with the sound mind and clarity necessary for the important role that I am undertaking as a

Councillor.

2.4.18 Fitness for duties

In respect of Council’s commitment to maintaining a safe and health work environment, I will advise the Mayor/CEO of any

relevant matter or thing related to my physical or psychological wellbeing that will, or has the potential to, impede or otherwise

impact on my ability to undertake my role, as soon as I become aware of it.

For my own health and wellbeing, I will also consider whether it is appropriate to take leave of absence during any period of

potential impediment. I will also be open to the suggestion of taking leave of absence if suggested by the Mayor, if they are

concerned about my health and wellbeing.

Councillor Code of Conduct

2.4.19 Interacting with children

Council prides itself on being a child safe organisation and has zero tolerance for child abuse. Council adheres to the Victorian

Child Safe Standards and related legislation which governs the protection of children and young people and deals with the

failure to report harm, failure to protect and grooming offenses. Accordingly, I undertake to:

• Maintain the highest standards of professional conduct in my attitude, behaviour and interactions with children and

young people

• Support and maintain Council’s commitment to the safety and wellbeing of children and young people and including

through any decision I participate in as a Councillor

• Take all reasonable steps to protect children and young people from harm, including complying with Council’s

obligations under State and Federal child protection legislation, including completing appropriate working with children

checks

• Undertake training, through Council, in order to obtain an understanding of the duties and obligations imposed by the

Victorian Child Safe Standards [link] and their application to the duties of a Councillor.

2.4.20 Other policies and protocols

I acknowledge that in fulfilling the statutory requirements of our role, a shared understanding of our obligation and the

practical ways that we perform our duties is necessary for good governance. To achieve this shared understanding, I commit

to the development and adoption of other operational policies and protocols as required, that help define how we will

work together and create a safe and positive work environment. These will, from time-to-time, require renewal to reflect

contemporary best practice. Accordingly, I undertake to:

• Take all reasonable steps to become familiar with Councillor policies and protocols

• Participate in any reviews of these supporting documents

• Commit to adhere to these policies and protocols as agreed.

Councillor Code of Conduct

SECTION 3: INTERNAL RESOLUTION PROCEDURE

3.1 Purpose

3.1.1

This part describes the processes for Councillors who wish to report and resolve a dispute with another

Councillor under the Code. The Internal Resolution Procedure in this Code is intended to regulate complaints

made by Councillors, and can only be enacted by a Councillor of Brimbank City Council.

3.1.2

The primary purpose of the Internal Resolution Procedure in this Code is to provide all Councillors with equal

support and mechanisms to resolve conflicts and disputes in a manner that enables them to move forward and

establish and maintain effective working relationships. The procedure also provides avenues and guidance for

escalating more serious issues and allegations where required.

3.1.3

This Internal Resolution Procedure is not intended to regulate or resolve:

a) Differences between Councillors in relation to policy or decision making, which are appropriately resolved

through discussion and voting in council meetings:

b) A complaint made against a Councillor or Councillors by a member or members of Council staff, or by any

other external person;

c) A “disclosure” made about a Councillor under the

Public Interest Disclosures Act 2012

(www.legislation.vic.

gov.au), which can only be made to IBAC. Further information about public interest disclosures is at clause

3.19 of this internal resolution procedure.

Please refer to the Internal Resolution Procedure Flowchart – APPENDIX 2

3.2 Guiding Principles

3.2.1

As a Councillor, I recognise that the democratic process of local government involves holding, and expressing,

different and sometimes opposing viewpoints. It is a normal, and vital, function of this process that these

different views are shared in a considered and informed way. Although all Councillors strive to engage in positive,

constructive and respectful interactions, conflict and/or disputes may arise.

3.2.2

As a Councillor, I recognise that I, with my fellow Councilors, hold an individual and collective responsibility to

resolve disputes in a proactive, positive, courteous and timely manner before they are escalated, to avoid such

disputes threatening the effective operation of Council. Further information on timeframes associated with each

step of the Internal Resolution Procedure in this Code are set out below.

3.2.3

The principle of collective responsibility underpins Council and reflects democratic principle: our community

expresses its confidence in the collective whole of Council, rather than in individual Councillors. In all areas of

their work, therefore, Councilors represent and implement Council policy. Acceptance of the role of a Councillor

means accepting collective responsibility. While issues are often debated vigorously in the setting of Council

meetings, once Council makes a decision, Councilors must support it and not seek to subvert or undermine

further decision making on the matter, regardless of their personal views and whether or not they were at the

meeting concerned.

Councillor Code of Conduct

3.2.4

The guiding principles of the procedure are:

a) Every Councillor has a right to be heard, and treated respectfully

b) Councillors are committed to maintaining a positive working relationship with fellow Councillors and Council

officers

c) Councillors involved in the Internal Resolution Procedure will participate in good faith, and in accordance with

the timeframes prescribed in this internal resolution procedure, recognising their role to represent and act in

the best interests of the community

d) Councillors involved in a process pursuant to the Internal Resolution Procedure in the Code recognise the

importance of, and will act in accordance with, the principles of natural justice and procedural fairness, and

the rights of all parties to have issues heard and resolved in a procedurally fair and equitable and timely way.

e) Discussions between Councillors trying to resolve matters should be kept confidential and not discussed

with other Councilors.

3.3 Scope

3.3.1

This procedure operates alongside, and does not displace, any external avenues provided for by legislation for

the reporting and resolution of issues and disputes. It should be read in conjunction with the

Local Government

Act 1989

(

the Act

) (www.legislation.vic.gov.au), which sets out additional avenues for reporting matters of

Councillor misconduct and establishes external authorities to hear, investigate, prosecute and make findings of

Councillor misconduct, serious misconduct and gross misconduct.

3.3.2

For the purposes of this part 'Principal Conduct Officer' refers to an appointee of the Chief Executive Officer who

assists Council in the implementation of the Internal Resolution Procedure in the Code.

3.3.3

This procedure does not deal with allegations of criminal misconduct as they are envisaged to be raised with

Victoria Police or other relevant mechanisms. Any allegations involving allegations of criminal misconduct will be

referred to Victoria Police or the relevant integrity authority.

3.3.4

Nothing in this procedure prevents an individual Councillor with a specific issue or dispute from pursuing other

avenues available to them under the law.

3.3.5

For the avoidance of doubt, a Councillor or member of the public, including a member of Council staff, may raise

a formal complaint through any available channel external to Council as provided by law, noting that Council staff

will be encouraged to address any issues via internal avenues.

3.3.6

In particular, some allegations of Councillor misconduct under this Code may also constitute misconduct or

serious misconduct under

the Act

(www.legislation.vic.gov.au). In these instances, it is open to Council, a

Councillor, or a group of Councillors, to make an application for Councillor Conduct Panel. For allegations of gross

misconduct, Council, a Councillor(s) or members of the public (including a member of Council staff) can make a

complaint to the Local Government Inspectorate.

3.3.7

A failure by one or more of the parties to comply with the Internal Resolution Procedure constitutes misconduct

and:

a) either party can make a formal complaint under the Code in relation to alleged non-compliance;

b) the Mayor can refer the matter to arbitration.

3.3.8

Council will not bear the costs of legal representation for any party in an informal dispute resolution process,

subject to clause 3.21 of this Internal Resolution Procedure. 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 borne by Council.

Councillor Code of Conduct

3.4 Responsibilities

3.4.1

The role of the Mayor in informal dispute resolution processes is to take a central leadership role in assisting

the parties to a dispute to resolve the issues in dispute. Where the Mayor is him/herself a party to a dispute,

the Deputy Mayor will assume the role of the Mayor in assisting the parties to a dispute to resolve the issue in

dispute. Further references in this Internal Resolution Procedure to the Mayor should be read subject to this

interpretative note, unless the context requires otherwise.

3.4.2 Mayor

The Mayor has a responsibility to:

a) Establish and promote appropriate standards of conduct.

b) Support good working relations between Councillors.

c) Support Councillors in dispute resolution, including by ensuring, where appropriate, that Councillors comply with the

timeframes associated with each process in this internal resolution procedure.

d) Provide guidance to Councillors about what is expected of a Councillor including in relation to the role of a Councillor

under section 65, and the observation of the Councillor conduct principles and the Councillor Code of Conduct by

Councillors under sections 76B, 76BA and 76C of

the Act

e) Act as an honest broker between parties to a dispute under the Code, and to try and resolve the issue fairly and

impartially and confidentially.

3.4.3 Councillors

I acknowledge that, as a Councillor, I have a responsibility to:

a) Participate in good faith and in a timely manner in any internal resolution process, including any initial informal steps to

resolve interpersonal disputes

b) Co-operate with any mediation or arbitration of a complaint made under this procedure

c) To respect the parties involved and natural justice and procedural fairness principles, maintain confidentiality regarding

any complaint, and any steps taken to resolve the complaint or interpersonal dispute.

d) Seek resolution of a dispute under the Code in a reasonably expeditious manner, whether as respondent or as

complainant.

e) Recognise that it is necessary to be open to constructive criticism and be self-aware.

f) Comply with the prescribed time limits in this Internal Resolution Procedure in respect of the progression and/or

lapsing of actions available to Councilors to resolve issues and disputes.

3.4.4 Chief Executive Officer

The Chief Executive Officer has a responsibility to:

a) Ensure that support and assistance is available to all Councillors where it is permitted, and in all cases, in accordance

with this procedure.

b) formally appoint an independent mediator or arbiter, on request by the Mayor/Deputy Mayor where the corresponding

application complies with the relevant application requirements in this Internal Resolution Procedure, advise the

relevant parties of the appointment, and facilitate any reporting on the process required by this Internal Resolution

Procedure.

c) Comply with all relevant legislation as the senior officer within Council administration.

Councillor Code of Conduct

3.4.5 Principal Conduct Officer

The Principal Conduct Officer has a responsibility to:

a) Assist Council in the implementation of, and conduct of, the internal resolution procedure

b) Assist the Principal Councillor Conduct Registrar to perform the functions specified in section 81T of the

Local

Government Act 1989

(www.legislation.vic.gov.au).

c) Assist any independent arbiter appointed, in the administration of the arbitral process.

3.5 Informal Resolution Between Parties To An Interpersonal Dispute

3.5.1

An interpersonal dispute between Councillors may involve:

a) A conflict where there may be a breakdown in communication, a misunderstanding, a disagreement between

Councillors, or strained working relationships.

b) A matter of perceived misconduct or perceived serious misconduct that could form the basis of a formal complaint of a

breach of the Code, but that the party wishes to try and resolve early and informally.

c) An incident in which offense is taken, a difference in personalities, a personal dislike between parties;

3.5.2

Before commencing an informal resolution process in relation to an interpersonal dispute, the Councillors who

are party to the interpersonal dispute must use best endeavours to:

a) resolve the issue or dispute in a courteous and respectful manner between themselves;

b) recognise that certain behaviours may be perceived to be causing issues;

c) reflect on their own behaviours or motivations and possible contribution to the conflict at hand;

d) attempt to avoid the issue escalating and threatening the effective operation of Council;

e) address the matter as soon as possible and in accordance with the timeframes specified in the Internal Resolution

Procedure in the Code.

3.5.3 Where the issue or dispute remains unresolved or where the circumstances make informal

resolution inappropriate, the parties may resort to Council's formal internal dispute resolution processes

set out after section 3.1.3.17.

3.6 Roles and Responsibilities - Informal Dispute Resolution Process

Mayor — Role of the Mayor in the Informal Dispute Resolution Process

3.6.1

The role of the Mayor is to take the lead in facilitating the informal resolution process. This includes advising the

CEO of when to appoint an external mediator when the Conciliation Discussion or a Facilitated Discussion has

not resolved the matter.

3.6.2

Where the Mayor is a party to an issue or dispute that parties wish to resolve through an informal resolution

process in this internal resolution procedure, the Mayor must not take the lead in facilitating the informal

resolution process, and must remove him/herself from facilitating the informal resolution process.

3.6.3

For avoidance of doubt, the Mayor may take the lead in facilitating the resolution of an issue or dispute through

an informal resolution process in this Internal Resolution Procedure in every instance except where s/he is a

party to the dispute, regardless of whether the Mayor may be perceived to be biased in respect of the issue or

dispute, or whether his/her impartiality may be questioned.

Councillor Code of Conduct

3.6.4

The Mayor will work closely with all the parties involved and facilitate the informal resolution process in a timely

manner, and will also advise the parties of the options available to them should one or both parties abandon the

informal resolution process once commenced.

3.6.5

The Mayor has ultimate discretion to:

a) Determine whether the subject matter that forms the basis of an application for an informal dispute

resolution option under this Code is the same subject matter that has previously been the subject of an

informal dispute resolution option under this Code.

b) Direct the matter to Mediation, if one or more parties fails to act in good faith or if the matter is unlikely to be

resolved through Conciliation Discussion or Facilitated Discussion in a reasonable timeframe, as determined

by the Mayor in her/his ultimate discretion.

Deputy Mayor — Role of the Deputy Mayor in the Informal Dispute Resolution Process

3.6.6

The role of the Deputy Mayor is to take lead in facilitating the informal resolution process, where the Mayor:

a) Has removed him/herself from taking the lead in facilitating the informal resolution process; or

b) Is otherwise incapable of performing the role, for medical reasons, or due to an approved leave of absence,

to take the lead in facilitating the informal resolution process.

3.6.7

The Deputy Mayor may also be involved in the facilitation of the informal resolution process to support the

Mayor in the process, at the request of the Mayor. For avoidance of doubt, Councillors cannot select the Deputy

Mayor to facilitate the process, instead of the Mayor.

Councillors — Role of Councillors in the Informal Dispute Resolution Process

3.6.8

The role of each Councillor who is a party to a dispute being addressed under the informal resolution process is

to participate in the informal resolution process in good faith, and in accordance with this Code, and the guiding

principles in this Code.

3.6.9

For avoidance of doubt, there is no legal obligation to participate in the informal dispute resolution process.

However, a Councillor who is not a party to the dispute is strongly encouraged and obliged under the spirit and

intent of the Code and principle of collective responsibility to assist the parties resolve the issues in dispute, if

appropriate.

CEO — Role of the CEO in the Informal Dispute Resolution Process

3.6.10

The role of the CEO is to appoint an external mediator at the request of the Mayor. Each of the CEO and the

PCO will keep the other updated on the status of each dispute being addressed under the informal resolution

process, as advised by the Mayor /Deputy Mayor.

3.6.11

Where an allegation of a breach under the Code involves a member of Council staff, the CEO may, in consultation

with the Mayor, meet with the Mayor and Councillor involved to assist with resolution of the dispute.

Role of Independent Advisor

3.6.12

The role of the Independent Advisor (IA) is to provide dispute resolution advice and strategic support to parties in

any of the options within the informal dispute resolution process, including clarifying their rights and obligations

under the Code and legislation, and the various other options available. The IA is also able to provide the Mayor (or

Deputy Mayor) will facilitation advice and strategy for the purposes of the informal dispute resolution procedure.

3.6.13

Councillors who wish to access services provide by the IA should contact the PCO to obtain the IA’s details noting

that each Councillor may only access the IA’s services:

(a) Via telephone conversations, and written communications, but not through in-person meetings; and

(b) for a maximum of one hour in duration; and

Councillor Code of Conduct

3.6.14

While any telephone conversation/written communications between the IA and any Councillor using the IA’s

services is confidential as between the two parties, a Councillor using the IA’s services does so on the basis that:

(a) An IA may disclose the content of the conversation/s and/or communications to Council’s CEO where s/

he considers that the content of the conversation/s and/or communications raises concerns about risks to

the health and safety of members of the public, including without limitation, other Councillors, and Council

officers;

(b) The IA is not permitted to provide legal advice to any Councillor, and any advice provided to a Councillor

should not be construed as legal advice.

3.7 Resolution Options – Informal Dispute Resolution

3.7.1

Councillors who wish to attempt to resolve an interpersonal dispute through an informal resolution process have

the informal resolution options set out below.

3.7.2

Where a Councillor uses one of the informal resolution options in this Code to try and resolve an interpersonal

dispute and the attempted resolution is unsuccessful, the Councillor cannot use the same informal resolution

option to try and resolve an interpersonal dispute if the dispute is based on the same subject matter/behavior.

3.7.3

For example, if a Councillor considers another Councillor has been disrespectful to them at a meeting, and has

previously unsuccessfully attempted to resolve the matter through a Conciliation Discussion, the Councillor

making the allegation of disrespectful conduct is not able to request another Conciliation Discussion to attempt

to resolve the same matter. In this example, the Councillor making the allegation of disrespectful conduct is

only permitted to escalate the complaint to a Facilitated Discussion or Mediation, or one of the formal dispute

resolution options set out in this Code, in order to try and resolve the matter.

3.7.4

In instances where it is unclear whether the subject matter/behavior that forms the basis of the dispute has

previously been considered pursuant to an informal dispute resolution option under this Code, the Mayor

has sole discretion to determine whether the subject matter of a dispute is the same subject matter as has

previously been the subject of an informal dispute resolution option under this Code. For avoidance of doubt, this

discretion is solely the Mayor’s, and neither the IA nor any Council Officer, including without limitation the CEO or

the PCO, has this discretion.

3.8 Conciliation Discussion – General

3.8.1

An informal discussion between the parties involved in the dispute to try and resolve the matter (for example, a

meeting over a coffee to discuss the issue.) if the parties are comfortable to do so.

3.8.2

Where one or both of the parties do not consider a Conciliation Discussion appropriate and wish to continue

attempting to resolve the matter using the informal resolution process, they may advise the Mayor that they

wish to proceed directly to a Facilitated Discussion, or to Mediation.

3.8.3

The Mayor will determine whether the matter proceeds to a Facilitated Discussion, or Mediation.

3.9 Conciliation Discussion Procedure

3.9.1

The Councillor requesting the Conciliation Discussion should contact the other party/parties to the dispute,

and communicate his/her concerns in a constructive manner. There are no further procedural requirements for

Councillors if the Conciliation Discussion resolves the concerns.

3.9.2

Where one or both of the parties do not consider a Conciliation Discussion appropriate and wish to continue

attempting to resolve the matter using the informal resolution process, they may advise the Mayor that they

wish to proceed directly to a Facilitated Discussion, or to Mediation.

Councillor Code of Conduct

3.10 Facilitated Discussion – General

3.10.1

A discussion between the parties involved, with the Mayor and/or Deputy Mayor facilitating the meeting. If the

parties cannot resolve the dispute at the first Facilitated Discussion, the facilitator of the meeting may arrange

two further Facilitated Discussion, for a maximum of three Facilitated Discussions.

3.10.2

The facilitator may choose to meet individually with a Councillor prior to the Facilitated Discussion.

3.10.3

All parties who agree to attempt to resolve a dispute via a Facilitated Discussion agree to:

(b) Maintain confidentiality regarding and during the Facilitated Discussion process;

3.10.4

If:

(a) The maximum number of Facilitated Discussions is reached; or

(b) The further Facilitated Discussions do not resolve the dispute; or

(d) The matter remains unresolved;

the Mayor/Deputy Mayor will refer the matter directly to Mediation and determine the identity of the external

accredited mediator who will be appointed by the CEO, from Council’s panel of mediators on a rotational basis.

That is, the Mayor/Deputy Mayor will not select the mediator who was last appointed to mediate a dispute

under the Code.

3.10.5

Where:

(a) The parties have previously attempted to resolve the matter through a Facilitated Discussion(s) and the

matter has not been resolved; or

(b) One or both of the parties do not consider a Facilitated Discussion appropriate; and

the Mayor/Deputy Mayor will refer the matter directly to Mediation and determine the identity of the external

accredited mediator who will be appointed by the CEO, from Council’s panel of mediators on a rotational basis.

That is, the Mayor/Deputy Mayor will not select the mediator who was last appointed to mediate a dispute

under the Code.

3.10.6

Where the:

(a) Mayor and Deputy Mayor are involved in the dispute; and

(b) the parties have previously attempted to resolve the matter through a Conciliation Discussion(s), and the

matter has not been resolved; and

process in the Code;

the Mayor, Deputy Mayor, or other party to the dispute may apply to the CEO to appoint an external mediator

from Council’s panel of mediators on a rotational basis. That is, the CEO will not select the mediator who was last

appointed to mediate a dispute under the Code. In this instance, the matter will proceed directly to Mediation

without a Facilitated Discussion taking place.

Councillor Code of Conduct

3.10.7

For avoidance of doubt, the role of the CEO in respect of a Facilitated Discussion is limited to appointing an

external mediator at the request of the Mayor, Deputy Mayor, or other party to the dispute, where the Mayor

and/or Deputy Mayor is involved in the dispute. Any such appointment of a mediator will be made from Council’s

panel of mediators on a rotational basis. That is, the CEO will not select the mediator who was last appointed to

mediate a dispute under the Code.

3.11 Facilitated Discussion Procedure

3.11.1

The Councillor requesting the Facilitated Discussion must:

(a) Provide the Facilitator (Mayor/Deputy Mayor) with the name of the other party/parties and the details of the

dispute in writing (forms) via the Facilitated Discussion Request Form;

(b) Notify the other party/parties of the request and the details of the dispute;

parties;

(d) Provide the Facilitator with evidence that a copy of the Facilitated Discussion Request Form and the details

of the dispute was provided to the other party/parties.

3.11.2

The Facilitator must, unless the parties have previously attempted to resolve the matter through a Facilitated

Discussion(s) and the matter has not been resolved, or one or both of the parties do not consider a Facilitated

Discussion appropriate:

(a) Ascertain whether or not the other party is prepared to attend a Facilitated Discussion;

(b) Advise the party seeking the Facilitated Discussion if the other party/parties is not prepared to attend the

Facilitated Discussion. No further action is required of the Facilitator;

agrees to attend a Facilitated Discussion/further Facilitated Discussions.

3.11.3

The Facilitator must arrange the initial Facilitated Discussion within ten working days of receipt of the Facilitated

Discussion Request Form. The Facilitated Discussion, or the first Facilitated Discussion where there is more than

one Facilitated Discussion meeting, must be held within one month of receipt of Facilitated Discussion Request

Form, subject to any approved leave of absence.

3.11.4

Where, subject to any approved leave of absence, a month elapses from the date of the Facilitated Discussion

Request Form being received without a Facilitated Discussion meeting taking place, the matter will be deemed

to be the subject of an unsuccessful attempt to resolve the matter through a Facilitated Discussion for the

purposes of clause 3.7.2. That is, for avoidance of doubt, if the parties to the dispute wish to continue using the

informal resolution process in the Code, the Mayor/Deputy Mayor will refer the matter directly to Mediation and

instruct the CEO to appoint an external mediator.

3.11.5

The role of the Facilitator in respect of the Facilitated Discussion is to:

(a) Assist the parties to resolve the dispute. In the process of doing this they may provide guidance about what

is expected of a Councillor, including in relation to the role of a Councillor under section 65 of

the Act

(www.

legislation.vic.gov.au) and the Code;

(b) Document any agreed actions/commitments made by the parties as a result of the Facilitated Discussion,

including any timeframes within which actions/commitments must be undertaken;

by the parties as a result of the Facilitated Discussion, including any timeframes within which actions/

commitments must be undertaken to the parties to the Facilitated Discussion and the Principal Conduct

Officer;

Councillor Code of Conduct

(d) Organise a series of check-in meetings with the parties involved (at the request of all parties), to support

the implementation of any agreed actions/commitments made by the parties as a result of the Facilitated

Discussion;

(e) If required, provide the parties to the dispute with guidelines in advance of the Facilitated Discussion or at

the Facilitated Discussion, to help facilitate the meeting.

3.11.6

Where the parties have previously attempted to resolve the matter through a Facilitated Discussion and the

matter has not been resolved, or one or both of the parties do not consider a Facilitated Discussion appropriate,

and the parties to the dispute wish to continue using the informal resolution process in the Code, the Mayor/

Deputy Mayor will:

(a) Refer the matter directly to Mediation; and

(b) Determine the identity of the external accredited mediator who will be appointed by the CEO, from Council’s

panel of mediators on a rotational basis. That is, the Mayor/Deputy Mayor will not select the mediator who

was last appointed to mediate a dispute under the Code.

3.11.7

Where the:

(a) Mayor and Deputy Mayor are involved in the dispute; and

(b) the parties have previously attempted to resolve the matter through a Conciliation Discussion(s), and the

matter has not been resolved; and

process in the Code;

the Mayor, Deputy Mayor, or other party to the dispute may apply to the CEO to appoint an external mediator

from Council’s panel of mediators on a rotational basis. That is, the CEO will not select the mediator who was last

appointed to mediate a dispute under the Code. In this instance, the matter will proceed directly to Mediation

without a Facilitated Discussion taking place.

3.12 Mediation – General

3.12.1

A mediation between the parties involved, with an external mediator, appointed by the CEO at the request of the

Mayor/Deputy Mayor. The mediation process will be determined by the external mediator, and be agreed to by

the parties involved in the dispute.

3.12.2

All parties to a Mediation, including any support persons who are not Councilors permitted to attend by the

Mediator, agree to:

(a) respect the parties involved and natural justice and procedural fairness principles; and

(b) Maintain confidentiality regarding the mediation process;

3.12.3

All parties involved in a mediation to attempt to resolve an interpersonal dispute:

(a) recognise the importance of resolving the dispute in a timely manner; and

(b) acknowledge that an unnecessarily protracted mediation process has the potential to erode positive

working relationships between Councillors.

3.13 Mediation – Procedure

3.13.1

A Councillor may request that their dispute be referred to Mediation, to be conducted by an external accredited

mediator.

Councillor Code of Conduct

3.13.2

Where a group of Councillors requests that their dispute with one Councillor, or a group of Councillors, be referred

to mediation, it is at the mediator’s sole discretion whether to:

(a) Conduct the mediation on a multiparty basis (that is, with multiple applicants and multiple respondents

participating in the mediation) or a bilateral basis (that is, with a single applicant and a single respondent

participating in the mediation);

(b) Deal with joint parties or individual parties.

3.13.3

The Councillor requesting the Mediation must:

(a) Provide the Mayor/Deputy Mayor with the name of the other party/parties and the details of the dispute in

writing via the Mediation Request Form;

(b) Notify the other party/parties of the request and the details of the dispute;

(d) Provide the Mayor/Deputy Mayor with evidence that a copy of the Mediation Request Form and the details

of the dispute was provided to the other party/parties.

3.13.4

The Mayor/Deputy Mayor must, unless the parties have previously attempted to resolve the matter through

Mediation and the matter has not been resolved, or one or both of the parties do not consider Mediation

appropriate:

(a) Ascertain whether or not the other party is prepared to attend Mediation;

(b) Advise the party seeking the Mediation if the other party/parties is/are not prepared to attend the

Mediation.

3.13.5

Where a party declines to participate in the mediation, they must provide the Mayor/Deputy Mayor and PCO with

reasons in writing for not doing so. These reasons may be taken into account if the matter is subsequently the

subject of an application for a Councillor Conduct Panel.

3.13.6

If the other party agrees to participate in Mediation, the Mayor/Deputy Mayor is to advise the party seeking the

mediation, the Mayor/Deputy Mayor, the PCO, and the Chief Executive Officer.

3.13.7

Where the parties agree to mediation, the Mayor/Deputy Mayor will:

(a) Determine the identity of the external accredited mediator to be selected from Council’s panel of mediators

on a rotational basis. That is, the Mayor/Deputy Mayor will not select the mediator who was last appointed

to mediate a dispute under the Code;

(b) Request that the CEO engage a relevant mediator.

3.13.8

The external mediator may permit a support person(s) present at the mediation, unless the proposed support

person is a Councillor or is a party to the mediation, or has been identified by one of the parties to the mediation

as a potential witness in the mediation.

3.13.9

The external mediator may provide “in-progress” reporting to the Mayor/Deputy Mayor on the mediation

process, unless the Mayor/Deputy Mayor is a party to the dispute.

3.13.10

If the parties cannot resolve the dispute at the mediation meeting, the mediator may convene two further

meetings. The mediator must not convene more than a total of three mediation meetings, except with the

consent of both parties, in which case any number of further meetings as agreed may be held.

3.13.11

At the conclusion of the mediation process, the external mediator will provide to the:

(a) Parties involved and the Mayor/Deputy Mayor, a written report about the agreed actions/commitments

made by the parties during the mediation process (if any), including any timeframes within which actions/

commitments must be undertaken;

Councillor Code of Conduct

(b) Parties involved and the Mayor/Deputy Mayor, a chronology of the mediation process, including details

about dates and attendees at mediation meetings;

3.13.12

The Mayor/Deputy Mayor may organise a series of check-in meetings with the parties involved, to support the

implementation of the agreed actions/commitments.

3.13.13

Where, subject to any approved leave of absence, a month elapses from the date of the mediator being engaged

by the CEO pursuant to clause 3.13.7(b), without a mediation taking place, the matter will be deemed to be the

subject of an unsuccessful attempt to resolve the matter through a mediation for the purposes of clause 3.7.2,

and will be deemed to be abandoned for the purposes of clause 3.13.14(a) with no further mediation meetings

to take place.

3.13.14

Where:

(a) The mediation process has been abandoned;

(b) The dispute remains unresolved;

the parties to the mediation may request the appointment of an arbiter.

3.13.15

As soon as practicable following receipt of the mediator’s written report, the CEO will arrange for presentation

at an Ordinary Council Meeting open to the public, a report detailing the mediation costs incurred by Council,

regardless of whether the mediation process has resolved the issue and/or the mediation process was

abandoned. For avoidance of doubt, the mediation costs to Council will be reported publicly regardless of

whether the mediation process has resolved the issue.

3.13.16

Where a matter has been abandoned for the purposes of clause 3.13.14(a), as soon as practicable following

receipt of an invoice for the mediator’s costs the CEO will arrange for the mediation costs incurred by Council to

be reported in a report at an Ordinary Council Meeting open to the public.

Formal Dispute Resolution

3.13.17

In addition to the informal dispute resolution options in the Code, a Councillor may use the formal dispute

resolution options in this Code in respect of an allegation that another Councillor has contravened the Code, to

attempt to resolve the subject matter of the allegation.

3.13.18

To make an allegation that a Councillor has contravened the Code, a Councillor(s) must prepare a written

application (the application) to the Mayor/Deputy Mayor and provide a copy to the CEO and the PCO, in the form

of Schedule A.

3.13.19

Improper conduct may include:

(a) a breach of any relevant clauses in the Code;

(b) a failure to disclose a conflict of interest;

(d) improper direction of staff;

(e) improper use of Council resources; and/or

(f) a breach of Council policy incorporated by reference into the Code of Conduct.

3.13.20

Disrespectful conduct may include:

(a) breach of any relevant clauses in the Code;

(b) behaviour such as sexual harassment, as defined in the

Sex Discrimination Act 1984

(Cth);

Councillor Code of Conduct

(d) victimisation or bullying and/or

(e) other breach of Councillor policies incorporated by reference into the Code.

3.13.21

The avenues available to a Councillor may differ depending on the grounds of the allegation, and specifically

whether the subject matter of the allegation constitutes misconduct or serious misconduct under section 3(1)

of the

Local Government Act 1989

(www.legislation.vic.gov.au).

3.13.22

Council will not bear the costs of legal representation - including through its insurers - for any party in a formal

dispute resolution process. For avoidance of doubt, this does not affect the discretion of the arbiter and/or

a Councillor Conduct Panel to permit parties to have legal representation. Where arbiter and/or a Councillor

Conduct Panel permits legal representation, any cost will be the responsibility of the Councillor to meet and will

not be borne by Council.

3.13.23

Advice on the procedural options available to a Councillor can be obtained from the PCO.

3.14 Arbitration — Roles and Responsibilities – Formal Dispute Resolution

Councillors — Role of the Councillors in the Formal Dispute Resolution Process

3.14.1

The role of a Councillor is to participate in in the formal dispute resolution process in good faith, and in

accordance with this Code, within a reasonable timeframe.

3.14.2

For avoidance of doubt, a Councillor who is not a party to the dispute is strongly encouraged and obliged under

the spirit and intent of the Code and principle of collective responsibility to assist the parties resolve the issues

in dispute, if appropriate. However, there is no legal obligation to participate in the formal dispute resolution

process.

CEO — Role of the CEO in the Formal Dispute Resolution Process

3.14.3

The role of the CEO is, on request by the Mayor/Deputy Mayor or, where the Mayor/Deputy Mayor are the named

respondents(s), on receipt of an application that contains the information specified at clause 3.15.8(a)(b)(c)(d)

of this Code for arbitration, to formally appoint an independent arbiter who is suitably independent and able to

carry out the role of arbiter fairly, and to advise the Mayor/Deputy Mayor, the parties involved, and the PCO of

the appointment.

3.14.4

For avoidance of doubt, it is not the role of Council’s CEO to undertake any initial assessment of an alleged breach

of the Code and application to appoint an arbiter, to determine whether the complaint is frivolous, vexatious or

without substance.

PCO — Role of the PCO in the Formal Dispute Resolution Process

3.14.5

The role of the PCO is to provide logistical and administrative support to the arbiter. For avoidance of doubt, the

PCO:

(a) Reports directly to the arbiter during an arbitration;

(b) Can provide procedural advice on the Act and Code requirements;

3.14.6

For avoidance of doubt, it is not the role of Council’s PCO to undertake any initial assessment of an alleged breach

of the Code and application to appoint an arbiter, to determine whether the complaint is frivolous, vexatious or

without substance.

Council officers — Role of Council Officers

3.14.7

With the exception of the CEO and the PCO, no Council Officer has any role in the formal dispute resolution

processes in this Internal Resolution Procedure. Administrative support is not able to be provided by the

organisation to any parties involved in arbitration and/or Councillor Conduct Panel processes.

Councillor Code of Conduct

3.14.8

For avoidance of doubt:

(a) access by Councillors to WorkCover insurance is unaffected by this Internal Resolution Procedure, and

(b) any WorkCover access queries should be directed to the Chief Strategist Financial and Organisational

Excellence, or the member of Council staff holding, acting in or performing the duties of that office.

3.15 Resolution Options – Formal Dispute Resolution Process

Arbitration – General

3.15.1

An arbitration involves a party (the Applicant) to a dispute requesting the appointment of an impartial third party

(the Arbiter) to make findings in relation to allegations concerning another Councillor/s (the Respondent/s) and

whether they have breached the Code.

3.15.2

All parties to an arbitration agree to:

(a) Respect the parties involved and natural justice and procedural fairness principles; and

(b) Maintain confidentiality regarding the arbitration process; and

mediator and the Mayor, the PCO and the Chief Executive Officer. A Councillor party will cooperate with the

arbitral process and provide reasonable assistance to the Arbiter, the Mayor, the CEO, and the PCO.

3.15.3

All parties involved in an arbitration recognise the importance of resolving the dispute in a timely manner, and

acknowledge that an unnecessarily protracted arbitration process may be procedurally unfair and has the

potential to erode positive working relationships between Councillors.

3.15.4

An Applicant may withdraw an application for arbitration at any time. Once an application for arbitration has

been withdrawn, the same or similar issues that formed the basis of the application for arbitration cannot form

the basis of a further application for arbitration;

3.15.5

May be the subject of an application under section 81B of the

Local Government Act 1989

(www.legislation.vic.

gov.au) for a Councillor Conduct Panel to make a finding of misconduct or serious misconduct against a Councillor.

3.15.6

While an arbitral process may run concurrently with a Councillor Conduct Panel hearing an application, or an

investigation by the Chief Municipal Inspector under section 81P of the

Local Government Act 1989

(www.

legislation.vic.gov.au), these various forums cannot consider the same grounds in relation to alleged breaches of

the Code, but may consider the same incidents that gave rise to the alleged breaches.

Arbitration — Procedures

3.15.7

An individual Councillor may request that her/his dispute be referred to arbitration, to be conducted by an

impartial third party.

3.15.8

The Councillor requesting the arbitration (“Applicant”) must submit a written application in the form at Schedule

A. The application must:

(a) Specify the name of the Councillor/s who is the subject of the allegation or complaint (“Respondent/s”);

(b) Specify the provision(s) of the Code and/or relevant Council policy/policies and/or protocol/s to which the

allegation relates;

(d) Be signed and dated by the Applicant or the Applicant's representative.

Councillor Code of Conduct

3.15.9

Any application for arbitration:

(a) not in the form set at Schedule A;

(b) that does not contain the information specified at clause 3.15.8 (a)(b)(c)(d) of this Code;

will be rejected by the CEO and returned to the Applicant, with a statement of reasons for the rejection.

Arbitration — Appointment of an arbiter

3.15.10

On receiving an application, the CEO will, provided the application contains the information specified at clause

3.15.8 (a)(b)(c)(d) of this Code:

(a) Advise the Mayor/Deputy Mayor as appropriate, and the PCO, of receipt of the Application of the application

without undue delay;

(b) Provide the Applicant with written acknowledgment of receipt of the application (“Acknowledgment of

Receipt of Application”);

of the

Local Government Act 1989

, on the grounds provided in section 89(2)(h) of the

Local Government Act

1989

;

(d) Advise the Applicant of any designation of confidentiality made in respect of the application, within the

Acknowledgment of Receipt of Application;

(e) Advise all Councillors in writing that an application for arbitration has been received, and of the designation

of confidentiality made in respect of the application.

3.15.11

On being directed by the CEO, the PCO will:

(a) Provide a copy of the application to the Respondent/s no later than two working days from the date of the

Acknowledgment of Receipt of Application, and include any designation of confidentiality made by the CEO

in respect of the application;

(b) Identify an Arbiter from the panel to hear the application;

in relation to the Applicant and Respondent/s;

(d) Notify the Applicant and Respondent/s of the name of the proposed Arbiter and provide them with two

working days to object to the person proposed to be the Arbiter;

(e) Consider the grounds of any objection and liaise with the CEO to effect the appointment of the proposed

Arbiter or identify another Arbiter, with clause 3.15.11(d) to apply;

(f) Provide a copy of the Application to the Arbiter as soon as practicable after the opportunity for the Applicant

and Respondent/s to object in clause 3.15.11(d) has expired;

(g) After consultation with the Arbiter, advise the Applicant and Respondent/s of the time and place for the

hearing;

(h) Assist the Arbiter in the administration of the arbitration process.

Arbitration — Role of an arbiter

3.15.12

The role of the Arbiter includes:

(a) Considering an application alleging a contravention of the Code and/or relevant Council policy/policies and/

or protocol/s;

(b) Making findings in relation to the Application;

Councillor Code of Conduct

the findings;

(d) Recommending an appropriate sanction or sanctions where the Arbiter has found that a Councillor has

contravened the Code and/or relevant Council policy/policies and/or protocol/s.

3.15.13

In considering an application alleging a contravention, the Arbiter will:

(a) In consultation with the PCO, fix a time and place to hear the application;

(b) Authorise the PCO to formally notify the Applicant and the Respondent/s of the time and place of the

hearing;

limitation, holding a directions hearing;

(d) Have discretion to conduct the hearings as they deem fit while ensuring that the hearings are conducted

with as little formality and technicality as is due and proper to consider the application;

(e) Ensure that the parties to and affected by an application are given an opportunity to be heard by the arbiter;

(f) Consider an application by a party to have legal representation and/or an appropriate support person who is

not a Councillor at the hearing;

(g) Have discretion to determine whether to permit a Councillor involved in an arbitration may have legal

representation or a support person who is not a Councillor present during the arbitration process;

(h) Ensure that the rules of natural justice, as observed in the Commonwealth of Australia, are observed and

applied in the hearing of the application;

(i) Ensure that the hearings are closed to the public and held in confidence.

Arbitration — Arbiter’s findings and follow-up actions

3.15.14

An Arbiter:

(a) May find that a Councillor who is a Respondent to an application has not contravened the Code and/or

relevant Council policy/policies and/or protocol/s;

(b) May find that a Councillor has breached the Code and/or relevant Council policy/policies and/or protocol/s;

(d) Has full discretion to cease the arbitral process that has been unable to be progressed due to the non

participation of the Applicant and/or the Respondent/s during the arbitral process within a two month

period after the CEO has appointed the Arbiter;

(e) Will provide a summary report for consideration by Council of any arbitral process that has been unable to

be progressed due to the non-participation of the Applicant and/or the Respondent/s during the arbitral

process within a two month period after the CEO has appointed the Arbiter, subject to an approved leave of

absence;

(f) Will, following a formal hearing, provide a copy of his or her findings and the statement of reasons to the

Applicant and the Respondent/s and the CEO and Mayor/Deputy Mayor;

(g) Must, at the same time as providing the findings and statement of reasons to the Applicant and the

Respondent/s and the CEO and Mayor/Deputy Mayor, where a Councillor has been found to have

contravened the Code and/or relevant Council policy/policies and/or protocol/s, recommend an appropriate

sanction or sanctions for the contravention for consideration by Council.

Councillor Code of Conduct

3.15.15

The CEO will:

(a) Consider designating the Arbiter's findings, statement of reasons, and any recommended sanctions, as

confidential in accordance with section 77(2)(c) of the

Local Government Act 1989

, on the grounds provided

in section 89(2)(h) of the

Local Government Act 1989

;

(b) After consulting with the Mayor/Deputy Mayor, provide a copy of the Arbiter's findings, statement of

reasons, and any recommended to all Councillors within five working days of receipt of the same, or such

other time as agreed with the Mayor/Deputy Mayor, such time to be no later than ten working days from

receipt of the arbiter’s findings, statement of reasons, and any recommended sanctions;

within five working days of receipt of the same, or such other time as agreed with the Mayor/Deputy Mayor,

such time to be no later than ten working days from receipt;

(d) if practicable, submit a copy of the Arbiter's findings, statement of reasons, any recommended sanctions

and the costs to Council of the arbitral process to the next ordinary meeting of Council for its consideration;

(e) where the arbitral process has been ceased pursuant to clause 3.15.14(d), provide Councillors with a report

on the costs of the ceased arbitral process.

3.15.16

If an Arbiter has found that a Councillor has breached the Code and/or relevant Council policy/policies and/

or protocol/s has occurred, Council may, after considering Arbiter's findings, statement of reasons, and any

recommended sanctions, make any, some, and/or all of the following written directions to the Councillor and/or

take any, some, and/or all the following actions:

(a) Direct the Councillor to make an apology in a form or manner and within timeframe specified by Council;

(b) Direct the Councillor to not attend up to, but not exceeding, two months of ordinary meetings of Council (in

respect of the next scheduled meetings of Council);

(d) Direct the Councillor to not chair or attend any advisory committee or special committee meeting or

an assembly of Councillors or any other meeting specified in the direction for a period of up to, but not

exceeding, two months from a date specified by the Council.

3.15.17

On receipt of a summary report pursuant to clause 3.15.14(e), Council may resolve to:

(a) Direct the Mayor/Deputy Mayor to refer the matter to a Councillor Conduct Panel; or

(b) note the cessation of the matter, pursuant to clause 3.15.14(d), including the costs to Council of the ceased

arbitral process.

Election Period – Arbitration

3.15.18

An application for arbitration cannot be made during the election period for a general election. Any arbitration in

progress is to be suspended during the election period for a general election.

3.15.19

If the Respondent is:

(a) not returned to office as a Councillor in the election, the application lapses.

(b) returned to office in the election, the application may resume if the application was made by a Councillor

who has been returned to office, who wishes to proceed with the application.

Councillor Code of Conduct

3.16 Application to Councillor Conduct Panel

3.16.1

An application for a Councillor Conduct Panel to make a finding of misconduct against a Councillor may be made by:

(a) The Mayor/Deputy Mayor, on behalf of Council, following a resolution of the Council to make an application

to a Councillor Conduct panel under section 81B(1A) of

the Act

in respect of a Councilor’s conduct;

(b) a Councillor, or a group of Councillors.

3.16.2

An application for a Councillor Conduct Panel to make a finding of serious misconduct against a Councillor may be

made by:

(a) The Mayor/Deputy Mayor, on behalf of Council, following a resolution of the Council to make an application

to a Councillor Conduct Panel under section 81B(1B) of

the Act

in respect of a Councilor’s conduct;

(b) A Councillor or a group of Councillors;

3.16.3

Where the Mayor/Deputy Mayor, on behalf of Council and following a resolution of the Council to make an

application to a Councillor Conduct Panel, makes an application for a Councillor Conduct Panel to make a finding

of misconduct or serious misconduct, the Mayor will be permitted to access reasonable external legal and

administrative support authorized by the CEO, to be coordinated through Council’s PCO.

3.17 Application to Councillor Conduct Panel – Procedure

3.17.1

An Application for a Councillor Conduct Panel to make a finding of misconduct/serious misconduct must be made

on the prescribed form directly to the Principal Conduct Registrar appointed under section 81S of the

Local

Government Act 1989

3.17.2

An application made under this section must:

(a) specify the ground or grounds for the application;

(b) set out:

I. the circumstances, actions or inactions of the Councillor who is the subject of the application that are

alleged as constituting misconduct or serious misconduct; and

II. the particulars of any evidence of those circumstances, actions or inactions of the Councillor that are

alleged as constituting the misconduct or serious misconduct;

I. any steps taken by Council to resolve the matter that is the subject of the application and the reason

why the matter was not resolved by the taking of those steps; or

II. if the Council did not take any steps to resolve the matter that is the subject of the application, the

reason why the Council did not take any steps to resolve the matter;

(d) if the application is made by the Council or a group of Councillors, state the name and address of the

Councillor whom the Council has, or group have, appointed as representative of the Council or group.

3.17.3

The Principal Councillor Conduct Registrar’s discretionary and obligatory powers with respect to an application

are set out at Part 4 of the

Local Government Act 1989

3.17.4

For avoidance of doubt, it is not the role of Council’s PCO or CEO to undertake any initial assessment of an alleged

breach of the Code and application to form a Councillor Conduct Panel, to determine whether the complaint is

frivolous, vexatious or without substance.

Councillor Code of Conduct

3.18 Complaints to Chief Municipal Inspector

3.18.1

Councillors may apply directly to the Chief Municipal Inspector appointed under section 223A of the

Local

Government Act 1989

to investigate any:

(a) possible offences under the

Local Government Act 1989

;

(b) possible breaches of the

Local Government Act 1989

;

3.19 Public Interest Disclosures

3.19.1

A Councillor wishing to make a public interest disclosure under the

Public Interest Disclosures Act 2012

must

make an application directly to the Independent Broad-Based Anti-Corruption Commission (“IBAC”).

3.19.2

A Councillor:

(a) wishing to raise concerns about Council, or a Council officer or a person adversely affecting the honest

performance of Council, or a Council officer’s official function, or a person intending to adversely affect the

effective performance of Council, or a Council officer’s official function;

(b) who is uncertain whether her/his concerns can be a public interest disclosure for the purposes of the

Public

Interest Disclosures Act 2012

;

may contact IBAC, or Council’s Public Interest Disclosures Coordinator.

3.19.3

Where Council’s Public Interest Disclosures Coordinator receives correspondence from a Councillor pursuant to

clause 3.19.2 that:

(a) Shows or tends to show improper conduct or detrimental action;

(b) Indicates the discloser believes on reasonable grounds that the information shows or tends to show

improper conduct or detrimental action;

they will refer the matter directly to IBAC.

3.19.4

Where a Councillor notifies to Council’s Public Interest Disclosures Coordinator a potential contravention of

the Code that is a Public Interest Disclosures, Council’s Public Interest Disclosures Coordinator will advise the

Councillor that they must report the matter directly to IBAC.

3.20 Alleged Breaches of the Code Involving Serious Health and Safety Risks

3.20.1

Where a Councillor makes an allegation to the CEO that a Councillor/s has breached the Code, and the allegation,

in the CEO’s assessment, creates the possibility of a serious risk to the immediate health and safety to members

of the public, the CEO, may take any reasonable steps or precautions to provide any practicable alternate

arrangements or procedures:

(a) for the parties to continue their duties as a Councillor;

(b) to provide a safe workplace in accordance with the Cr OHS policy and respectful conduct policy.

3.21 Application for Arbitration or Councillor Conduct Panel in public interest

3.21.1

Where the Mayor/Deputy Mayor makes an application for arbitration on the basis of concerns for community

health, safety and wellbeing, or the health, safety and wellbeing of another Councillor or Council officer, or

otherwise in the public interest for the effective operation of Council, the Mayor/Deputy Mayor will be permitted

to access reasonable external legal advice, and external legal and administrative support, to be coordinated

through Council’s PCO. To ensure fairness, the Mayor/Deputy Mayor may also be legally represented at any

hearing if the other party is also legally represented.

Councillor Code of Conduct

3.21.2

Where the Mayor/Deputy Mayor, on behalf of Council (with or without a Council resolution) makes an application

for a Councillor Conduct Panel to make a finding of misconduct or serious misconduct on the basis of concerns

for community health, safety and wellbeing, or the health, safety and wellbeing of another Councillor or Council

officer, or otherwise in the public interest for the effective operation of Council, the Mayor/Deputy Mayor will

be permitted to access reasonable legal and administrative support, to be coordinated through Council’s PCO.

To ensure fairness, the Mayor/Deputy Mayor may also be legally represented at any hearing if the other party is

also legally represented.

3.21.3

For avoidance of doubt, costs associated with clause 3.21.1 and/or 3.21.2 will be publically reported through the

Governance report to Council, at the conclusion of the matter.

Councillor Code of Conduct

SECTION 4: DEFINITIONS

Chief Executive Officer

The Chief Executive Officer of Council of the Brimbank City Council

Chief Municipal Inspector

The Chief Municipal Inspector is responsible for investigating and prosecuting possible

breaches and offences under the

Local Government Act 1989

, investigating allegations

of Councillor misconduct, serious misconduct and gross misconduct, making an

application for a Councillor Conduct Panel to make a finding of serious misconduct

against a Councillor and making an application to the Victorian Civil and Administrative

Tribunal for a finding of gross misconduct by a Councillor.

conflict of interest

A Councillor has a conflict of interest where a reasonable and informed person would

perceive they could be influenced by a private interest when carrying out their public

duty.

Councillor

All references to ‘Councillor’ include the Mayor, Deputy Mayor and elected members of

Brimbank City Council.

Councillor Conduct Panel

A panel established under the

Local Government Act 1989

to hear applications and

make findings of alleged misconduct or serious misconduct by a Councillor.

disrespectful conduct

‘Disrespectful conduct’ includes unlawful discrimination, sexual harassment,

victimisation, racial and religious vilification, and bullying.

employee

An employee of Council includes all members of staff, contractors and volunteers under

the direct control or supervision of the Brimbank City Council.

gross misconduct

‘Gross misconduct’ by a Councillor means behaviour that demonstrates that a Councillor

is not of good character or is otherwise not a fit and proper person to hold the office of

Councillor.

improper conduct

‘Improper conduct’ includes a failure to disclose a conflict of interest, a breach of

confidentiality, the improper direction or influence of staff, the improper use of Council

resources, or a breach of Council policy under the Code of Conduct by a Councillor.

Independent Advisor (IA)

An independent external advisor available to Councillors under the Internal Resolution

Procedure, to provide dispute resolution advice and strategic support to parties in an

informal dispute resolution process, including clarifying their rights and obligations

under the Code and legislation.

misconduct

Misconduct by a Councillor means any of the following:

failure by a Councillor to comply with Council's internal resolution procedure; or

failure by a Councillor to comply with a written direction given by Council following a

finding the Councillor has contravened the Code of Conduct; or

repeated contravention of any of the Councillor conduct principles.

Principal Conduct Officer

A person appointed by the Chief Executive Officer to assist Council in implementing its

internal resolution procedure.

Principal Councillor

Conduct Registrar

The Principal Councillor Conduct Registrar receives applications for the establishment of

Councillor Conduct Panels under the

Local Government Act 1989

Councillor Code of Conduct

serious misconduct

Serious misconduct by a Councillor means:

the failure of a Councillor to attend a Councillor Conduct Panel hearing formed to make a

finding in respect of that Councillor; or

the failure of a Councillor to give a Councillor Conduct Panel any information the

Councillor Conduct Panel has requested the Councillor to give; or

the failure of a Councillor to comply with a direction of a Councillor Conduct Panel; or

continued or repeated misconduct by a Councillor after a finding of misconduct has

already been made in respect of the Councillor by a Councillor Conduct Panel; or

bullying of another Councillor or member of Council staff by a Councillor; or

improper direction or influence by a Councillor in respect of a member of Council staff; or

the release of confidential information by a Councillor.

The Act

All references to ‘the Act’ are to the

Local Government Act 1989

Councillor Code of Conduct

SECTION 5: SCHEDULE – DOCUMENTS INCORPORATED

BY REFERENCE

Councillors will comply with the policies and protocols included as Documents Incorporated by Reference. Documents

Incorporated by Reference may be added or removed from the Schedule by Council resolution. A breach of a document can

constitute a breach of the Code.

Documents in this Schedule may be amended from time to time, and the amended documents remain incorporated by

reference.

• Councillor Support Major Policy

• Councillor Protocol

• Councillor Transparency Policy

• Councillor Respectful Conduct Policy

• Fraud Prevention Policy

• Conduct During Elections Policy

• Councillor Gifts Protocol and Declaration of Gift Form

• Mobile Phone Policy

• Acceptable Use of ICT Resources Policy

• Mobile Computing Device Policy

• Internet & Email Security Policy

• Information Security Policy

Councillor Code of Conduct

SECTION 6: REFERENCES

6.1

Local Government Act 1989

– Quick Reference Guide

Good Governance –

Including Decision Making

www.goodgovernanceguide.org.au

Ensuring Unbiased Democratic Council Decision Making 2013 – State Government

Councillor Code of Conduct

Local Government Act 1989

Section 76C

Guide to Councillor Conduct Arrangements 2013 – State Government

Roles and Functions: Council

Mayor Councillor

Chief Executive Officer

Local Government Act 1989

Part 1 A Local Government Charter, Section 3D and 3F

Section 73 and 73AA

Section 65

Section 94A

Reforms Arising from the Local Government Amendment (Improved Governance ) Act

2015 – A Guide for Councils – State Government

Councillor Conduct Principles

Local Government Act 1989

Section 76C and Section 63 and 64

Reforms Arising from the Local Government Amendment (Improved Governance ) Act

2015 – A Guide for Councils – State Government

Misuse of Position

Local Government Act 1989

Section 76D

Improper Direction

Local Government Act 1989

Section 76E

Breach of Confidentiality

Local Government Act 1989

Section 77

Conflicts of Interest

Local Government Act 1989

Sections 77A to 80A

Section 77A – Direct and indirect interests

Section 77B – Direct Interest

Section 78 – Indirect interest by close association

Section 78A – Indirect interest that is an indirect financial interest

Section 78B – Indirect interest because of conflicting duties

Section 78C – Indirect interest because of receipt of an applicable gift

Section 78D – Indirect interest as a consequence of becoming an interested party

Section 78E – Indirect interest because of impact on residential amenity

Section 79 – Disclosure of conflict of interest

Section 79B – Conflicting personal interest

Section 79C – Certain situations where Councillor taken to not have a conflict of interest

Section 79D – Person may make submission despite conflict of interest

Conflict of Interest - A Guide for Councillors 2012 - State Government

Misconduct , Serious Misconduct

and Gross Misconduct

Local Government Act 1989

Section 3(1)

Eligibility (Qualification) to be a

Councillor

Local Government Act 1989

Division 3

Contraventions of the Code

- Councillor Conduct Panels,

Registrar, Municipal Monitor

Local Government Act 1989

Divisions 1 A, 1AB, 1B, 1C and 1D of Part 4

Reforms Arising from the Local Government Amendment (Improved Governance ) Act

2015 – A Guide for Councils – State Government

Support

Local Government Act 1989

Section 75

Section 75 – Reimbursement of Expenses of Councillors

Section 75B – Councillor Reimbursement Policy

Section 75C – Resources and Facilities for Councillors Reimbursement

Councillor Code of Conduct

6.2 References And Resources

•

Local Government Act 1989

(Vic)

•

Child Wellbeing and Safety Act 2005

(Vic)

•

Equal Opportunity Act 2010

(Vic)

•

Occupational Health and Safety Act 2004

(Vic)

•

Public Interest Disclosures Act 2012

(Vic)

•

Sex Discrimination Act 1984

• Victorian Charter of Human Rights and Responsibilities Act

2006

•

Councillor

Codes of Conduct and related policies – City of Melbourne, Maribyrnong City Council

• Reforms Arising from the

Local Government Amendment (Improved Governance ) Act 2015

– A Guide for Councils

(Victorian State Government)

• Conflict of Interest - A Guide for Councillors 2012 (Victorian State Government)

• Mayor and Councillor Entitlements – Reimbursement of Expenses and Provision of Resources and Facilities Support for

Victorian Mayors and Councillors 2008 (Victorian State Government)

• Councils and Complaints – A Good Practice Guide 2015 (Victorian Ombudsman)

• www.goodgovernanceguide.org.au

• Ensuring Unbiased Democratic Council Decision Making 2013 – (Victorian State Government)

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

19 April 2016

Adopted as Major Policy

Local Government Act 1989

Amendment

February 2017

14 February 2017

Local Government Act 1989

requirement (new Council) October 2017

16 April 2019

Councillor Conduct Panel Direction

September 2019

February 2020

Status as a Major Policy

New policy structure

February 2021

Councillor Code of Conduct

APPENDICES

Appendix 1 - Templates

Appendix 1a

Application for Arbitration

1. Applicant:

2. Applicant’s address for service:

3. Respondent Councillor/s:

4. Section/s of Code and/or relevant Council policy/ies or Protocols allegedly breached by Councillor/s

5. Title and Number of Attachment/s included as evidence in support of allegations

[Name Of Councillor/Authorised Representative]

[Date]

Councillor Code of Conduct

Appendix 2 – Internal Resolution Procedure Flowchart

No timeframe

To commence/

proceed in 1 mth

To commence/

proceed in 1 mth

Informal Process:

Interpersonal

Disputes

Formal Process:

Breach of Code

Formal Process:

Misconduct/

Serious

Misconduct

To commence/

proceed in 2

mths

No timeframe

Conciliation Discussion

(Parties only)

Facilitated Discussion

(Mayor facilitator)

Mediation

(Independent facilitator)

Council Conduct Panel

(Independent panel)

Outcome:

Escalated

Outcome:

Escalated

Outcome:

Escalated

Outcome:

Resolved

Outcome:

Resolved

Outcome:

Resolved

Outcome:

Resolved

Outcome:

Abandoned

Outcome:

Resolved

Outcome:

Abandoned

Outcome:

Abandoned

Outcome:

Abandoned

Arbitral Process

(Independent arbiter)

Brimbank City Council

Telephone

9249 4000

Email

info@brimbank.vic.gov.au

Post

PO Box 70, Sunshine, VIC 3020

Hearing or speech impaired?

• TTY dial

133 677

• Speak & Listen

1300 555 727

•

www.relayservice.gov.au

, then enter

03 9249 4000

Find us on Facebook, Twitter and YouTube

www.facebook.com/brimbankcouncil

www.twitter.com/brimbankcouncil

www.youtube.com/brimbankcitycouncil

www.brimbank.vic.gov.au

023 - 0120