Councillor

Transparency

February 2020

This policy was

revoked on 20

August 2024.

023 - 0120

1.1 Purpose

1

1.2 Scope

1

1.3 General Principles

1

2.1 Conflicts Of Interests

2

ƒ

2.1.1 Conflicts of Interest

2

ƒ

2.1.2 Types of Conflicts of Interest

2

ƒ

2.1.3 Personal Responsibility

2

ƒ

2.1.4 Process for Declaring a Conflict of Interest

3

2.2 Return Of Interests

3

ƒ

2.2.1 Return of Interests Form

3

ƒ

2.2.2 Personal Responsibility

3

2.3 Gifts And Hospitality

4

ƒ

2.3.1 Accepting and Declaring Gifts and Hospitality

4

ƒ

2.3.2 Personal Responsibility

4

2.4 Records of Assemblies of Councillors

4

ƒ

2.4.1 Assemblies of Councillors

4

ƒ

2.4.2 Personal Responsibility

4

ƒ

2.4.3 Reporting Assemblies

5

2.5 Council Committees - Delegates’ And Representatives’ Reports 5

ƒ

2.5.1 Advisory Committees

5

ƒ

2.5.2 Personal Responsibility

5

2.6 Portfolios

5

ƒ

2.6.1 Portfolios

5

ƒ

2.6.2 Personal Responsibility

5

2.7 Leave Of Absence

6

ƒ

2.7.1 Leave of Absence

6

ƒ

2.7.2 Personal Responsibility

6

2.8 Meeting Planning Permit Applicants

6

ƒ

2.8.1 Meeting with Applicants

6

ƒ

2.8.2 Personal Responsibility

6

2.9 Interactions With Members Of Parliament

6

ƒ

2.9.1 Interactions with Members of Parliament

6

ƒ

2.9.2 Personal Responsibility

6

2.10 Notices Of Motion

7

ƒ

2.10.1 Notices of Motion

7

ƒ

2.10.2 Personal Responsibility

7

3.1 Public Information Under

3.2 Annual Report

8

3.3 Travel (Interstate and Overseas)

8

ƒ

3.3.1 Travel in Accordance with The

Councillor Support Major Policy

8

ƒ

3.3.2 Personal Responsibility

8

3.4 Administration and Support Expenses

9

ƒ

3.4.1 Support in Accordance with The

Councillor Support Major Policy

9

ƒ

3.4.2 Personal Responsibility

9

ƒ

3.4.3 Reporting

9

3.5 Event Attendance

9

3.6 Allowances and Superannuation

10

3.7 Councillor Information Online

10

3.8 Councillor Conduct Resolution Reporting

10

1.1 Purpose

Councillors - through their Code of Conduct - have committed to work together with one another in a respectful and

constructive manner to achieve the goals and vision for the City of Brimbank. Councillors have acknowledged they have been

elected by the community to a position of significant responsibility with the expectation that they will act in accordance with

accepted values of our society.

Council also provides the opportunity for citizens to influence the decisions that affect their lives and the community.

Transparent decision making, therefore, supports accountability and builds public confidence in Council and its processes.

The purpose of the Councillor Transparency Policy 2020 is to record and establish the framework to identify and manage the

various obligations of Councillors, to ensure Council processes and decision making is transparent and demonstrably fair and

equitable. As part of Council’s commitment to open and transparent activities, details of Councillor decision-making activities

are made public.

This document outlines various ways in which Council makes certain information public.

1.2 Scope

This policy applies to Councillors. For the avoidance of doubt, this policy applies equally to all Councillors, including the Mayor

and Deputy Mayor.

This policy is incorporated in the Councillor Code of Conduct. Nothing in this policy changes or detracts from the operation of

other provisions in the Councillor Code of Conduct, nor any legislation setting out alternative avenues that may be available to

a Councillor or Councillors in respect of matters mentioned in this policy.

The processes outlined in this policy may run concurrently with any processes set out in the Councillor Code of Conduct, the

(

) and any other legislation.

This policy applies when Councillors are conducting the business of Council or acting as a representative of Council.

1.3 General Principles

The general principles underpinning the Policy are:

1. The primary objective of a Council is to endeavor to achieve the best outcomes for the local community, having regard to

the long term and cumulative effects of decisions. In pursuit of this objective, Council must have regard to transparent

and accountable decision making.

2. The transparency obligations outlined in this policy apply to all Councillors.

3. This policy is not an exhaustive list of all transparency obligations.

4. The transparency obligations apply whenever a Councillor conducts Council-related business.

5. Transparency means that people should be able to follow, and understand the Councillor’s decision-making process.

The community should be able to clearly see how and why a decision was made (that is, what information, advice,

consultation and legislative obligations were considered).

2

Councillor Transparency Policy 2020

2.1 Conflicts of Interests

ƒ

2.1.1 Conflicts of Interest

Division 1A, Part 4 of

sets out the detailed requirements with respect to the disclosure of direct and indirect interests.

Section 2.4.4 of the Councillor Code of Conduct 2019 sets out the acknowledgement of each Councillor with respect to

conflicts of interest.

Councillors generally have close connections with their local community and are more likely to have conflicts of interest than

other people in public life. Councillors are elected to serve in the best interests of their communities, and this includes being

transparent about any private, or other, interests that may be seen to conflict with their public duty.

ƒ

2.1.2 Types of Conflicts of Interest

A person has a conflict of interest if they have:

a. Direct interest in a matter, for example if a person’s benefits, obligations, opportunities or circumstances would be likely

to be directly altered if the matter is decided in a particular way;

b. One of the following five types of indirect interest:

i. Interests of someone with whom the person has a close association, such as members of a person’s family, their

partner or anyone the person lives with.

ii. Financial interest, where a person is likely to receive a gain or loss that is measurable in money and which arises as a

result of the direct or indirect interest of another person, such as shares in a company with a direct interest, subject

to an exemption threshold for small holding in large companies.

iii. A conflicting duty to another person or organisation as a director, committee member, manager, partner, consultant,

contractor, agent or employee. Some exemptions are provided, including duties to certain organisations connected

with local government.

iv. Receipt of a gift or gifts, or hospitality, valued at $500 or more in the past five years from someone with a direct

interest. This does not include reasonable hospitality received by the person when attending an event or function in

an official capacity.

v. An interest arising from being, or having been, a party to the matter by being a party to civil proceeding in relation

to the matter. This includes civil proceedings in Victorian Civil and Administrative Tribunal, and where there is

reasonable likelihood the residential amenity of the person will be altered.

vi. An interest in respect of whether the residential amenity of a person will be altered if a matter is decide in a

particular way.

A Councillor does not have a conflict of interest in a matter if the direct interest or indirect interest of the relevant person is so

remote or insignificant that the direct interest or indirect interest could not reasonably be regarded as capable of influencing

any actions or decisions of the relevant person in relation to the matter.

ƒ

2.1.3 Personal Responsibility

It is the personal legal obligation of every Councillor to form her or his own view as to whether a conflict of interest exists, and

to disclose any such conflict. Councillors are able to seek their own independent legal advice in relation to any of their conflict

of interest matters. Council will not be liable for any legal costs incurred by a Councillor who seeks independent legal advice

about whether they have a conflict.

Councillor Transparency Policy 2020

3

ƒ

2.1.4 Process for Declaring a Conflict of Interest

A Councillor who has an actual or perceived conflict of interest in relation to a matter, will:

a. Declare and identify this at the commencement of any discussion on the matter.

b. Make the declaration immediately before the matter is considered at a Council meeting, or a meeting of an advisory

committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the

Councillors and one member of Council staff which considers matters that are intended or likely to be the subject of a

decision of the Council or subject to the exercise of a function, duty or power of the Council that has been delegated to a

person or committee.

c. Seek advice from the Chief Executive Officer or other appropriate person if the Councillor needs assistance on

interpretation of the relevant legislative provisions.

d. Leave the meeting when the matter is discussed, and not participate in any decision making.

All declarations of conflict are recorded in an internal Register of Conflicts. In addition, declarations of conflict also form part of

the relevant meeting minutes.

The Register of Interests is open for public inspection, following a written application to the Chief Executive Officer.

2.2 Return of Interests

ƒ

2.2.1 Return of Interests Form

Division 1A, Part 4 of

sets out the detailed requirements with respect to primary and ordinary returns.

All Councillors are required by

to lodge interest returns in which they disclose specified interests such as, by way of

example and without limitation, the name of any company or other body corporate or unincorporate in which a Councillor held

an office as a director or otherwise. These include:

a. A primary return that must be lodged when a person becomes a Councillor; and

b. An ordinary return that must be lodged every six months while holding office as a Councillor.

The Return of Interest form is an important document for recording a Councillor’s interest(s) in the municipality, and disclosing

other interests, positions and obligations to ensure probity and transparency of decision making. A failure to provide a primary

or ordinary return, or the making of a false disclosure can attract significant penalties for non-compliance.

ƒ

2.2.2 Personal Responsibility

Every Councillor must complete submit a:

• Primary Return of Interest form upon becoming a Councillor; and

• Half-yearly ordinary interest return via a Return of Interest form.

The Return of Interest form is recorded in the Register of Interests maintained by the Chief Executive Officer pursuant to

section 81(9) of

. The Register of Interests is open for public inspection, following a written application to the Chief

Executive Officer.

4

Councillor Transparency Policy 2020

2.3 Gifts And Hospitality

ƒ

2.3.1 Accepting and Declaring Gifts and Hospitality

Division 1A, Part 4 of

, establishes categories of ‘applicable gifts’ and the requirements for disclosure of indirect interests

where Councilors have accepted applicable gifts above the value of a specified threshold. Section 2.4.7 of the Councillor Code of

Conduct 2019 sets out the acknowledgment of each Councillor with respect to conflicts of interest and gifts.

Councillors should not seek, solicit or use their position to obtain gifts or benefits from external organisations or individuals.

This includes situations where a person, company or organisation is placed in a position, which they feel obliged to offer gifts

or hospitability to secure or retain Council business.

Accepting gifts and hospitality can result in a conflict of interest, whether it is real or perceived.

ƒ

2.3.2 Personal Responsibility

Every Councillor must, in accordance with the clause 2.4.7 of the Code:

a. Disclose all gifts, benefits or hospitality offered and/or accepted in their capacity as a Councillor. This includes, as

specified by clause 2.1.4.2 of the Councillor Support Major Policy 2019, where a Councillor receives an invitation to speak

at a conference in their capacity as a Councillor and the conference organiser waives or covers registration fees for

participation, as this would be considered a gift or hospitality benefit.

b. Complete a Declaration of Gifts and Hospitality form and return the same to Council’s Governance Manager.

c. Notify the Chief Executive Officer if in the conduct of their duties, of any inappropriate offer of a gift or hospitality of any

kind.

Completed Declaration of Gifts and Hospitality forms are recorded in a Register of Gifts and Hospitality, which is reported to

Council’s Audit and Risk Management Committee on a quarterly basis.

2.4 Records of Assemblies of Councillors

ƒ

2.4.1 Assemblies of Councillors

Section 3(1) of

provides that an Assembly of Councillors means a meeting of an advisory committee of the Council, if at

least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council

staff which considers matters that are intended or likely to be:

a. the subject of a decision of the Council; or

b. subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee

but does not include a meeting of the Council, a special committee of the Council, an audit committee established under

section 139, a club, association, peak body, political party or other organisation.

ƒ

2.4.2 Personal Responsibility

A Councillor attending an assembly of Councillors who knows, or would reasonably be expected to know, that a matter being

considered by the assembly is a matter that, were the matter to be considered and decided by Council, the Councillor would

have to disclose a conflict of interest under

, the Councillor must, disclose the conflict of interest to the Chair of the

assembly either:

a. immediately before the matter in relation to which the Councillor has a conflict of interest is considered; or

b. if the Councillor realises that he or she has a conflict of interest after consideration of the matter has begun, as soon as

the Councillor becomes aware that he or she has a conflict of interest

and leave the assembly while the matter is being considered by the assembly.

Councillor Transparency Policy 2020

5

ƒ

2.4.3 Reporting Assemblies

Following an assembly of Councillors, the responsible Council Officer will prepare a written record of the assembly, as required

by section 80A(1) of

, recording:

a. The names of all Councillors and staff at the meeting

b. List of all matters considered

c. Any conflict of interest disclosed

d. Whether the disclosing party left the meeting.

The Chief Executive Officer must ensure that the written record of an assembly of Councillors is, as soon as practicable,

reported at an ordinary meeting of the Council, and incorporated in the minutes of that Council meeting.

2.5 Council Committees - Delegates’ And Representatives’ Reports

ƒ

2.5.1 Advisory Committees

In accordance with the Code, Councillors are appointed as internal representatives and external delegates to various external

and Council-established advisory committees, bodies, associations and groups (Committees) by resolution of Council.

Committees promote collaboration and efficiency on a range of issues relevant to the City of Brimbank. The deliberations of

such Committee meetings form advice that may influence Council’s future decision making. To maintain public confidence in

Council’s decision making processes, all committee interactions and advice needs to be transparent.

ƒ

2.5.2 Personal Responsibility

Following the meeting of the committee, Councillor delegates and representatives will provide a written account of the

most recent matters presented and discussed by the Committees – including any recommendations to Council - at the next

practicable Council Meeting, in the form of a Councillor Representatives’ or Delegates’ Report.

The CEO will ensure that the written account is, as soon as practicable, reported at an Ordinary Council Meeting, and

incorporated in the minutes of that Council Meeting.

2.6 Portfolios

ƒ

2.6.1 Portfolios

Councillor Portfolios were developed to support Council’s briefing and decision-making structure, and are governed in

accordance with the Councillor Portfolio Policy 2019.

Through this system, Councillors are given an opportunity for in-depth engagement, and information sharing on issues

impacting the municipality. This enables Councillors to advocate and become ‘knowledge champions’ on their Portfolio issues.

Although Portfolios are not decision making committees, they are advisory committees that can provide decision making

context, and may make recommendations for Council to consider.

ƒ

2.6.2 Personal Responsibility

Council officers will also prepare a quarterly report on matters presented to Portfolios, to be presented at a Council Meeting.

Councillors will disclose any conflicts of interest through assemblies of Council reports for Portfolios, reported to Council

Meetings.

6

Councillor Transparency Policy 2020

2.7 Leave Of Absence

ƒ

2.7.1 Leave of Absence

In accordance with

, it is expected Councillors will attend all Council and Special Committee meetings to participate

in the Council decision making process. There may be times a Councillor is not able to attend a meeting, and may submit an

apology for that meeting by advising the Mayor or Chair. A Councillor unable or unavailable to fulfil their duties, in addition to

being absent from Council Meetings, for a longer period of time should request for leave of absence.

ƒ

2.7.2 Personal Responsibility

A Councillor wishing to take a leave of absence must submit a Request for Leave of Absence form to the Chief Executive

Officer. A leave of absence cannot be granted in respect of a past meeting.

The Chief Executive Officer must submit the request for leave of absence to the next Ordinary Meeting and the Council must

not unreasonably refuse to grant the request for leave of absence.

Where leave of absence has been granted to a Councillor or a member of a Special Committee, the Chief Executive Officer

must record the leave of absence in the minutes of each Council Meeting and relevant Special Committee meeting held during

the period of leave of absence.

2.8 Meeting Planning Permit Applicants

ƒ

2.8.1 Meeting with Applicants

Section 2.4.1.1 of the Code sets out the purpose and requirements for any Councillor meeting with a planning applicant.

ƒ

2.8.2 Personal Responsibility

In accordance with the Code, all meetings will be reported on the Informal Planning Meeting record to ensure the interaction

with the planning permit applicant (or property owner, or their representative) is documented.

The Chief Executive Officer will ensure a record of the meeting is reported to the next practicable Council Meeting.

2.9 Interactions With Members Of Parliament

ƒ

2.9.1 Interactions with Members of Parliament

Section 2.4.6 of the Code sets out the purpose and requirements for Councillors interactions with Members of Parliament,

their staff, and candidates in elections.

ƒ

2.9.2 Personal Responsibility

Councillors (or a Councillor representing a group of Councillors) will:

a. Declare and record any representations made to her/him, or by them, in their role as a Councillor, to/by a Member of

Parliament (or their staff), or a candidate in a State or Federal Government election by completing an Interaction with

Member of Parliament form.

b. Advise the Member of Parliament (or their staff) or candidate that the representation, and topics discussed, will be

publically reported to Council.

The Chief Executive Officer will ensure a record of the meeting is reported to the next practicable Council Meeting.

Councillor Transparency Policy 2020

7

2.10 Notices Of Motion

ƒ

2.10.1 Notices of Motion

A Notice of Motion (NOM) is a method by which a Councillor is able to have a motion included on the agenda for Council

meeting. The requirements and process for NOMs is set out in the Governance (Meeting Procedure) Local Law No 1.

ƒ

2.10.2 Personal Responsibility

A Councillor proposing to lodge a NOM will comply with the requirements of clause 38 of Council’s Governance (Meeting

Procedure) Local Law No 1, or any other clause dealing with Council’s requirements with respect to NOMs. This includes

circulating the draft NOM to all Councillors prior to submitting the NOM to the CEO for inclusion in the Agenda.

A NOM lodged in compliance with requirements of the Governance (Meeting Procedure) Local Law No 1. will be published as a

Council Meeting agenda item and, subsequently form part of the meeting minutes.

Council also maintains an internal register of all NOMs.

8

Councillor Transparency Policy 2020

3.1 Public Information Under

Under

, and in the interest of transparency and accountability, the following information relating to Councillor’s duties is

made publically available:

a. Councillor Code of Conduct – available on Council’s website

b. Details of current allowances fixed for Mayor and Councillors – available in the Council Minutes and Annual Report (on

Council’s website)

c. Details of overseas or interstate travel undertaken in an official capacity by Councillors in the previous twelve months (with

the exception of interstate travel by land for less than 3 days) – available for inspection in the public register (on application).

d. Details of Councillor Support Expenses.

General reporting on Councillors (as a group) – in the form of percentage attendance at Council Meetings, and the cost of

governance per Councillor, is reported annually to the State Government as part of the Local Government Performance

Reporting Framework (LGPRF).

3.2 Annual Report

Section 131 of

, requires Council to prepare an annual report in respect of each financial year. The Annual Report details

Council’s operations and performance during the financial year. The following information relating to Council and Councillors is

provided in the Annual Report:

• Number of Ordinary and Special Council Meetings – including attendance, by Councillor

• Number of petitions and public question time questions

• Councillors allowances and support expenses

• Representatives and Delegates on Committees and Portfolios.

3.3 Travel (Interstate & Overseas)

ƒ

3.3.1 Travel in Accordance with The Councillor Support Major Policy

Councillors may attend interstate and overseas conferences, professional development courses and study tours in connection

with their duties of office in accordance with the Councillor Support Major Policy 2019.

Section 12 of the

, requires Council to make available for public inspection all

details of overseas or interstate travel undertaken in an official capacity by Councillors (with the exception of interstate travel

by land for less than 3 days), including name, dates, destination, purpose and total cost (including accommodation) to Council

of the travel. This information is recorded in a travel register that is available for inspection, on request.

ƒ

3.3.2 Personal Responsibility

A Councilor undertaking, in an official capacity, overseas or interstate travel (other than interstate travel by land for less than 3

days) must complete:

a. An Overseas/Interstate Travel Declaration Form and submit this to Council’s Councillor Support team within ten working

days of undertaking the travel;

b. And submit a Conference Report, as required by clause 2.1.5 of the Councillor Support Major 2019, within two weeks of

returning from a conference, professional development course or study tour paid for by Council, summarising learnings

gained from the conference, professional development courses or study tours, and how it may be applied to Council.

Councillor Transparency Policy 2020

9

For avoidance of doubt, each Councillor must submit an Overseas/Interstate Travel Declaration Form and the Conference

Report even if no expenses have been incurred by Council in respect of the travel.

The Chief Executive Officer will ensure that the:

• Details in the Overseas/Interstate Travel Declaration Form is added to Council’s Travel Register

• Conference Report is, as soon as practicable, reported at an ordinary meeting of the Council, and incorporated in the

minutes of that Council meeting.

3.4 Administration & Support Expenses

ƒ

3.4.1 Support in Accordance with The Councillor Support Major Policy

Council will provide necessary resources support, in accordance with the Councillor Support Major Policy, to allow Councillors to

best serve, engage and act in the best interest of the community.

All reporting will in accordance with the

and the Councillor

Support Major Policy. This includes quarterly reporting, on the following Councillor support expenses:

• Travel and Transport

• Vehicle Mileage

• Child Care/Family Care

• Information and Communication Technology

• Professional Development – Conferences, Seminars, and Training

• Individual Memberships

• Events and Hospitality

• Administrative items – including photocopying and uniforms

ƒ

3.4.2 Personal Responsibility

A Councillor is required to submit their support expenses claims in timely manner, in accordance with the Section 10 of the

Councillor Support Major Policy.

ƒ

3.4.3 Reporting

As specified at clause 10.2.5 of the Councillor Support Major Policy 2019, details of Councillor expenses will be presented to a

Council Meeting on a quarterly basis, and published on the Council website for the term of the Council. This expenditure will

be reported in the same quarter that the cost is incurred by Council, and also include details of claims, including justification,

received from Councillors that were approved by the Chief Executive Officer (or delegate) to be paid outside the one month

limit for claims.

3.5 Event Attendance

Attending local events and functions, in accordance with the Councillor Support Major Policy, forms a key part of a Councillor’s

representative responsibilities. The requirements and processes for event attendance are set out in the Councillor Support

Major Policy. Councillors should also be mindful of the Conflicts of Interest requirements when accepting hospitality from

external parties.

Event costs, and gifts and hospitality costs, will be reported in accordance with

and the Code.

10

Councillor Transparency Policy 2020

3.6 Allowances and Superannuation

Councillors are entitled to an allowance from the date they take the oath of office. Councillors are also entitled to payments

equivalent to the superannuation guarantee. The Minister for Local Government sets the categories of allowance for councils,

and annual indexing of amounts. Council resolves on its allowance levels for the Mayor and Councillors, for the term of Council,

at a meeting open to the public.

The Chief Executive Officer will ensure that details of current allowances fixed for Mayor and Councillors are available in the

Council Minutes and Annual Report (on Council’s website).

3.7 Councillor Information Online

Each Councillor is provided with a web page on Council’s website. This page will contain content such as the Councillor’s official

headshot, contact details, representation on committees and other details.

In accordance with the Councillor Support Major Policy, this page may also be linked to external webpages, including

social media platforms. It is the Councillor’s responsibility to ensure the currency of information on their web pages and

appropriateness of external weblinks, and to arrange for an updates, as required, though the Councillor Support Team.

3.8 Councillor Conduct Resolution Reporting

All reporting of Councillor Conduct resolution processes will be in accordance with

and the Code.

Councillor Transparency Policy 2020

11

• Councillor Code of Conduct

• Councillor Protocol

• Councillor Support Major Policy

• Councillor Respectful Conduct Policy

• Conduct During Elections Policy 2019

• Councillor Gifts Protocol and Declaration of Gift Form

• Councillor Portfolio Policy

Rev

Reviewed Date

Reason for Amendment

Next Review Date

C

19 April 2016

Adopted as Major Policy as part of

Councillor Code of Conduct

February 2017

D

14 February 2017

requirement

October 2017

E

February 2020

New standalone policy

(incorporated by reference in the Code)

February 2021

9249 4000

info@brimbank.vic.gov.au

PO Box 70, Sunshine, VIC 3020

• TTY dial

133 677

• Speak & Listen

1300 555 727

•

www.relayservice.gov.au

, then enter

03 9249 4000

www.facebook.com/brimbankcouncil

www.twitter.com/brimbankcouncil

www.youtube.com/brimbankcitycouncil

023 - 0120