Brimbank

Governance

Rules

September

2023

i

These are the Governance Rules of Brimbank City Council, made in accordance with section

60 of the

.

These Governance Rules commence on

19 September 2023

.

These Governance Rules are divided into the following Chapters:

Chapter 1 Governance Framework

Chapter 2 Meeting Procedure for Council Meetings

Chapter 3 Meeting Procedure for Delegated Committees

Chapter 4 Meeting Procedure for Community Asset Committees

Chapter 5 Disclosure of Conflicts Of Interest

Appendix 1 Conduct During Election Period Policy

means the

.

means the notice of a meeting setting out the business to be transacted at the

meeting.

include attend, attending and in attendance by

electronic means.

means a day other than a Saturday, Sunday or day which is a public holiday in

the

.

means the Chairperson of a meeting and includes a Councillor who is appointed by

resolution to chair a meeting under section 61(3) of the

includes an Acting Chief Executive Officer.

means a Community Asset Committee established under

section 65 of the Act.

means Brimbank City Council.

has the same meaning as in the

.

means a Delegated Committee established under section 63 of the

.

means an instrument of delegation made by the

under section 47(1)(b) of the

.

means the Mayor of

.

means a meeting of the kind described in

section 131(1) of the

, and includes a meeting referred to in Rule 3 (whether such a

meeting is known as a ‘Councillor Briefing’ or by some other name).

ii

includes a Councillor who is a member of a

.

means the collective record of proceedings of

.

means the municipal district of

means a notice setting out the text of a motion, which it is proposed to

move at the next relevant meeting.

means a

to rescind a resolution made by

.

at a

is an absolute majority, which means the number of

Councillors which is greater than half the total number of the Councillors of

.

means these Governance Rules.

includes duplicated, lithographed, photocopied, printed and typed, and extends to

both hard copy and soft copy form, and

has a corresponding meaning.

should be read in the context of and in conjunction with:

(a) the overarching governance principles specified in section 9(2) of the

; and

(b) the following documents adopted or approved by

:

(i)

(ii)

(a) In any matter in which a decision must be made by

(including persons acting with

the delegated authority of

),

must consider the matter and make a

decision:

(i) fairly, by giving consideration and making a decision which is balanced, ethical and

impartial; and

(ii) on the merits, free from favouritism or self-interest and without regard to irrelevant

or unauthorised considerations.

(b)

must, when making any decision to which the principles of natural justice apply,

adhere to the principles of natural justice (including, without limitation, ensuring that any

person whose rights will be directly affected by a decision of

is entitled to

communicate their views and have their interests considered).

(c) Without limiting anything in paragraph (b) of this sub-Rule:

(i) before making a decision that will directly affect the rights of a person,

(including any person acting with the delegated authority of

) must identify

the person or persons whose rights will be directly affected, give notice of the

decision which

must make and ensure that such person or persons have

an opportunity to communicate their views and have their interests considered

before the decision is made;

(ii) if a report to be considered at a

concerns subject-matter which will

directly affect the rights of a person or persons, the Report must record whether the

person has or persons have been provided with an opportunity to communicate

their views and have their interests considered;

iii

(iii) if a report to be considered at a

meeting concerns subject

matter which will directly affect the rights of a person or persons, the Report must

record whether the person has or persons have been provided with an opportunity

to communicate their views and have their interests considered; and

(iv) if a member of Council staff proposes to make a decision under delegation and that

decision will directly affect the rights of a person or persons, the member of Council

staff must, when making that decision, complete a Delegate Report that records

that notice of the decision to be made was given to the person or persons and such

person or persons were provided with an opportunity to communicate their views

and their interests considered.

If there is a meeting of Councillors that:

(a) is scheduled or planned for the purpose of discussing the business of

or

briefing Councillors;

(b) is attended by at least one member of Council staff; and

(c) is not a

,

meeting or

meeting

the

must ensure that a summary of the matters discussed at the

meeting are:

(i) tabled at the next convenient

; and

(ii) recorded in the minutes of that

.

4.1 If the

is of the opinion that information relating to a meeting

is confidential information within the meaning of the

, they may designate the

information as confidential and advise Councillors and/or members of Council staff

in writing accordingly.

4.2 Information which has been designated by the

as

confidential information within the meaning of the

, and in respect of which

advice has been given to Councillors and/or members of Council staff in writing

accordingly, will be presumed to be confidential information.

iv

1.

Election of the

................................................................................................ 1

2.

Method of Voting....................................................................................................... 1

3.

Determining the election of the

...................................................................... 1

4.

Role of Deputy Mayor............................................................................................... 3

5.

Election of Deputy Mayor and Chairs of Delegated Committees ............................. 4

6.

Appointment of Acting Mayor ................................................................................... 4

7.

Appointment of Council Representatives and Delegates ......................................... 4

8.

Dates and Times of Meetings Fixed by

....................................................... 5

9.

May Alter Meeting Dates ............................................................................. 5

10. Meetings Not Fixed by

(Unscheduled or Special Meetings) ....................... 5

11. Notice Of Meeting..................................................................................................... 5

12. Inability To Obtain A Quorum ................................................................................... 6

13. Inability To Maintain A Quorum ................................................................................ 6

14. Adjourned Meetings.................................................................................................. 6

15. Time limits for Meetings............................................................................................ 7

16. Cancellation or Postponement of a Meeting ............................................................ 7

17. Agenda and the Order Of Business.......................................................................... 7

18. Change To Order Of Business ................................................................................. 7

19. Accessibility .............................................................................................................. 7

20. Reports of Council Representatives and Delegates................................................. 7

21. Urgent Business ....................................................................................................... 8

22. Councillors May Propose

............................................................ 8

23. Notice Of Motion....................................................................................................... 8

24. Congratulations and Condolences ......................................................................... 10

25. Chair’s Duty ............................................................................................................ 10

26. Introducing A Motion or an Amendment................................................................. 10

27. Right Of Reply ........................................................................................................ 11

28. Moving An Amendment .......................................................................................... 11

29. Who May Propose An Amendment ........................................................................ 11

30. How Many Amendments May Be Proposed........................................................... 11

31. An Amendment Once Carried ................................................................................ 11

32. Foreshadowing Motions.......................................................................................... 11

33. Withdrawal Of Motions............................................................................................ 12

34. Separation Of Motions............................................................................................ 12

35.

May Separate Motions or Allow Motions to be Moved in a Block................. 12

36. Deferral Motions ..................................................................................................... 12

37. Priority of address................................................................................................... 12

38. Motions In Writing................................................................................................... 12

39. Repeating Motion and/or Amendment.................................................................... 12

40. Debate Must Be Relevant To The Motion .............................................................. 12

41. Speaking Times ...................................................................................................... 13

42. Addressing the Meeting.......................................................................................... 13

43. Right to Ask Questions ........................................................................................... 13

44. Procedural Motions................................................................................................. 14

50.

To Decide...................................................................................................... 21

51.

May Adjourn To Consider ............................................................................. 21

52. Dissent From

Ruling................................................................................... 21

53. Procedure For Point Of Order ................................................................................ 21

54. Valid Points Of Order.............................................................................................. 22

55. Question Time ........................................................................................................ 22

56. Petitions and Joint Letters ...................................................................................... 24

57. How Motion Determined ......................................................................................... 25

58. Silence .................................................................................................................... 25

59. Recount .................................................................................................................. 25

60. Casting Vote ........................................................................................................... 25

61. How Votes are Cast................................................................................................ 25

62. Procedure For A Division........................................................................................ 25

63. No Discussion Once Declared................................................................................ 26

64. Confirmation of Minutes.......................................................................................... 26

65. No Debate on Confirmation Of Minutes.................................................................. 28

66. Deferral Of Confirmation Of Minutes ...................................................................... 28

67. Form and Availability of Minutes............................................................................. 28

68. Recording of Meetings............................................................................................ 29

69. Public Addressing The Meeting.............................................................................. 29

70.

May Remove................................................................................................. 29

71.

may adjourn disorderly meeting.................................................................... 30

72. Removal from Chamber.......................................................................................... 30

73. The

Duties And Discretions........................................................................ 30

74. Suspension of Standing Orders.............................................................................. 30

75. Physical and Remote Attendance .......................................................................... 31

76. Meetings Conducted Remotely .............................................................................. 32

77. Criticism of members of Council staff..................................................................... 32

78. Procedure not provided in this Chapter.................................................................. 32

79. Policies and Guidelines .......................................................................................... 32

Page 1

1.1 The

must facilitate the election of the

in accordance

with the provisions of the

,

and the Councillor Code of Conduct.

1.2 The order of business at the

to elect the

is to be

determined by the

. At the commencement of these

the order will be:

1.2.1 Opening (including Acknowledgement of Country);

1.2.2 Council Commitment;

1.2.3 Apologies;

1.2.4 Oath/Affirmation of office (at the

to elect the

following the declaration of results of a general election of Councillors);

1.2.5 Term of

;

1.2.6 Election of

;

1.2.7 Commencement speech by incoming

;

1.2.8 Determination of position of Deputy Mayor;

1.2.9 Election of Deputy Mayor (if position established); and

1.2.10 Appointment of Chairs of

(if any).

1.3 The Councillor elected to the position of

may make a commencement

speech for up to 10 minutes outlining their vision for the Mayoral term.

1.4 A commencement speech must not address matters outside the powers of

or be derogatory about or prejudicial to any person or

itself.

2.1 The election of the

must be carried out by a show of hands or such other

visual or audible means as the

determines.

3.1 The

must open the meeting at which the

is to be

elected, and invite nominations for the office of

.

3.2 Any Councillor wishing to move a nomination must do so in accordance with the

following process.

3.3 A Councillor wishing to nominate another Councillor must raise their hand or

otherwise signify their wish to nominate another Councillor, and wait to be called

upon by the

.

Page 2

3.4 The Councillor must advise they wish to nominate a Councillor and then state the

name of the Councillor they wish to nominate.

3.5 The

will then ask the nominated Councillor if they accept

the nomination and the nominated Councillor must advise if they accept or reject

the nomination.

3.6 Nominations will be not be valid unless they are seconded by a Councillor other

than the Councillor moving the nomination.

3.7 Councillors may not move or second their own nomination.

3.8 Once nominations for the office of

have been received, the following

provisions will govern the election of the

3.8.1 If there is only one nomination, the candidate nominated must be

declared to be duly elected.

3.8.2 If there is more than one nomination, the Councillors

at the

meeting must vote for one of the candidates.

3.8.3 In the event of a candidate receiving the votes of an absolute majority of

Councillors, that candidate is declared to have been elected.

3.8.4 In the event that:

(a) there are three of more candidates;

(b) no candidate receives the votes of an absolute majority of

Councillors; and

(c) it is not resolved to conduct a new election at a later date and time

the candidate with the fewest number of votes must be declared to be a

defeated candidate. The Councillors

at the meeting will

then vote for one of the remaining candidates.

3.8.5 If one of the remaining candidates receives the votes of an absolute

majority of Councillors, that candidate is duly elected. If none of the

remaining candidates receives the votes of an absolute majority of

Councillors and it is not resolved to conduct a new election at a later day

and time, the process of declaring the candidates with the fewest number

of votes a defeated candidate and voting for the remaining candidates

must be repeated until one of the candidates receives the votes of an

absolute majority of Councillors. That candidate must then be declared to

have been duly elected.

3.8.6 For the purposes of sub-Rules 3.8.4 and 3.8.5 if no candidate can be

determined to have the fewest number of votes due to two or more

candidates having an equality of votes then the candidate who is to be

declared a defeated candidate will be determined by lot.

Page 3

3.8.7 If a lot is conducted, the

will have the conduct of

the lot and the following provisions will apply:

(a) each candidate who has an equal number of votes with another

candidate or candidates will draw one lot;

(b) the order of drawing lots will be determined by the alphabetical

order of the surnames of the Councillors who received an equal

number of votes except that if two or more such Councillors’

surnames are identical, the order will be determined by the

alphabetical order of the Councillors’ first names; and

(c) as many identical pieces of paper as there are Councillors who

received an equal number of votes must be placed in a receptacle.

If the lot is being conducted to determine who is a defeated

candidate, the word "Defeated" shall be written on one of the

pieces of paper, and the Councillor who draws the paper with the

word "Defeated" written on it must be declared the defeated

candidate (in which event a further vote must be taken on the

remaining candidates until one of those candidates receives the

votes of an absolute majority of Councillors).

3.8.8 In the event of two candidates being nominated or remaining, and

neither candidate receiving the votes of an absolute majority of

Councillors, the Councillors

at the meeting will

consider whether to resolve to conduct a new election at a later

date and time.

3.8.9 If: (a) it is resolved to conduct a new election at a later date and

time a new election will take place at on the date and at the

time resolved upon. In that event the provisions of this

Rule 3 will continue to govern the election of the

,

and ultimately any candidate whose nomination is the sole

nomination or any candidate who receives the votes of an

absolute majority of Councillors will be declared duly

elected; and

(b) it is not resolved to conduct a new election at a later date

and time Councillors must continue to vote until one of the

candidates receives the votes of an absolute majority of

Councillors, at which point that candidate will be declared

duly elected. If, after two or more further votes are taken

neither candidate receives the votes of an absolute

majority of Councillors, the provisions of sub-Rule 3.8.8

and this sub-Rule 3.8.9 must again be followed.

4.1

may establish an office of Deputy Mayor.

4.2 If

has established an office of Deputy Mayor, the provisions of the

relating to the office of Deputy Mayor apply.

Page 4

4.3 If

has not established an office of Deputy Mayor, section 20B of the

applies.

5.1 Any election for:

5.1.1 any office of Deputy Mayor; or

5.1.2

of a

will be regulated by Rules 1-3 (inclusive) of this Chapter, as if the reference to the:

5.2

is a reference to the

; and

5.3

is a reference to the Deputy Mayor or the

of the

(as the case may be).

6.1 If

has not established an office of Deputy Mayor and it becomes required

to appoint an Acting Mayor, it can do so by:

6.1.1 resolving that a specified Councillor be so appointed; or

6.1.2 following the procedure set out in Rules 2 and 3 (inclusive) of this

Chapter,

at its discretion.

7.1 At a

held as soon as practicable after the meeting at which the

is elected, and as soon as practicable after a new representative opportunity

arises,

must resolve to:

7.1.1 appoint Councillors as members of, or representatives on,

committees established by

; and

7.1.2 appoint Councillors as delegates to external committees and

organisations for the ensuing Council year.

Page 5

Subject to Rule 10,

must from time to time fix the date, time and place of all

.

may change the date, time and place of any

which has been fixed

by it and must provide reasonable notice of the change to the public.

10.1 The

or at least five (5) Councillors may by a

notice to

call a

.

10.2 The notice must specify the date and time of the

and the business

to be transacted.

10.3 The date of the

as specified in the notice must be at least three (3)

after the day the

notice is sent to the

.

10.4 The

must convene the

as specified in the

notice.

10.5 Unless all Councillors are

and unanimously agree to deal with any

other matter, only the business specified in the

notice can be transacted at

the

.

11.1 A notice of meeting, incorporating or accompanied by an

of the business to

be dealt with, must be delivered or sent electronically to every Councillor for all

at least 48 hours before the meeting. Members of Council staff

will make best endeavours to contact any Councillor on leave by telephone to

advise that Councillor of the meeting.

11.2 Notwithstanding sub-Rule 11.1, a notice of meeting need not be delivered or sent

electronically to any Councillor who has been granted leave of absence unless the

Councillor has requested the

in

to continue to give

notice of any meeting during the period of their absence.

11.3 Notice of each

must be provided to the public.

may do

this:

11.3.1 for

which it has fixed by preparing a schedule of

meetings annually, twice yearly or from time to time, and arranging

publication of such schedule in a newspaper generally circulating in the

either at various times throughout the year, or prior to

each such

; and

11.3.2 for any

by giving notice on its website and social media

channels, and may also provide notice by one or more of the following

methods:

Page 6

(a) in each of its Customer Service Centres and libraries;

(b) in at least one newspaper generally circulating in the

; and/or

(c) by using other electronic media as chosen by the

as a means of communication.

If after 30 minutes from the scheduled starting time of any

, a

cannot

be obtained:

12.1 the meeting will be deemed to have lapsed;

12.2 the

must, as soon as practicable after the lapsed meeting, convene another

, the

for which will be identical to the

for the lapsed

meeting; and

12.3 the

must give all Councillors

notice of the meeting

convened by the

13.1 If, during any

, a

cannot be maintained then Rule 12 will

apply as if the reference to the meeting is a reference to so much of the meeting as

remains.

13.2 Sub-Rule 13.1 does not apply if the inability to maintain a

is because of the

number of Councillors who have a conflict of interest in the matter to be

considered.

14.1

may adjourn any meeting to another date or time but cannot in the

absence of disorder or a threat to the safety of any Councillor or member of

Council staff adjourn a meeting in session to another place.

14.2 The

must give

notice to each Councillor of the date,

time and place to which the meeting stands adjourned and of the business

remaining to be considered.

14.3 If it is impracticable for the notice given under sub-Rule 14.2 to be in

, the

must give notice to each Councillor by telephone or in

person.

14.4

may, by resolution, adjourn any meeting for a short break of no more than

five (5) minutes, in which case:

14.4.1 a resolution is not required to reopen the meeting; and

14.4.2 sub-Rules 14.2 and 14.3 do not apply.

Page 7

15.1 A

must not continue after 10.00pm unless a majority of

Councillors who are

vote in favour of it continuing.

15.2 A meeting cannot be continued for more than 30 minutes (or a further 30 minutes,

if a majority of Councillors has already voted to continue it for 30 minutes).

15.3 In the absence of such continuance, the meeting must stand adjourned to a time,

date and place announced by the

immediately prior to the meeting standing

adjourned. In that event, the provisions of sub-Rules 14.2 and 14.3 apply.

16.1 The

may, in the case of an emergency necessitating the

cancellation or postponement of a

, cancel or postpone a

.

16.2 The

must present to the next

a

report to

on any exercise of the power conferred by sub-Rule 16.1

The

for and the order of business for a

is to be determined by the

so as to facilitate and maintain open, efficient and effective

processes of government.

Once an

has been sent to Councillors, the order of business for that

may be altered by a

resolution.

19.1 Council will conduct

in a venue that is accessible for the

purposes of the

.

19.2 A Councillor or a member of the public may, at least two (2)

prior to

a

, request that the

provide language or

communication supports at the meeting.

19.3 The

will determine the level of language or communication

support to be provided, including the use of interpreters or other technologies, to

assist a person in accessing the

.

A Councillor who is:

20.1 the

of an advisory committee, a

or a

established by

;

20.2 appointed by

as a member of a community consultative or reference

committee; or

Page 8

20.3 a delegate, nominee or appointee to an external committee, body, association,

group or working party

can present to other Councillors a

account on the most recent deliberations of the

committee, body, association, group or working party at the next practicable

.

21.1 A Councillor proposing that a matter be admitted as urgent business must lodge it

in

with the

by 4pm on the day of the meeting.

21.2 The Councillor’s proposal to raise a matter as urgent business must include a

motion to admit the matter as urgent business and written confirmation that the

matter:

21.2.1 relates to or arises out of a matter which has arisen since distribution of

the

and

21.2.2 cannot safely or conveniently be deferred until the next

21.3 The

will advise

of any matter that the

determines appropriate for

to consider admitting as

urgent business.

21.4 Business cannot be admitted as urgent business other than by resolution of

.

Councillors may ensure that an issue is listed on an

by lodging a

.

23.1 A

must be in

signed by a Councillor, and be lodged with or

sent to the

at least five (5)

before the day of

the

to allow sufficient time for the

to

include the

in the

for the

and to give each

Councillor at least 48 hours notice of such

.

23.2 The Councillor proposing a

must circulate the

to

all Councillors for information before lodging it with the

.

23.3 Evidence that a

has been circulated to all Councillors prior to

being lodged with the

er must be provided to the

at the time of lodging the

.

23.4 The

must reject any

which:

23.4.1 is vague or unclear in intention;

23.4.2 is beyond

power to pass;

23.4.3 is defamatory;

Page 9

23.4.4 may be prejudicial to any person or

, including, without limiting the

foregoing, because the proposed

contains confidential

information;

23.4.5 is identical or substantially similar to a notice of motion or other motion

that has been considered by Council in the preceding three (3) months;

23.4.6 is objectionable in language or nature; or

23.4.7 if passed would result in

otherwise acting unlawfully

but must:

23.4.8 give the Councillor who lodged it an opportunity to amend it prior to

rejection, if it is practicable to do so; and

23.4.9 notify in

the Councillor who lodged it of the rejection and reasons

for the rejection.

23.5 The

may reject any

which relates to an

operational or service matter that can normally be addressed through the

operational service request process.

23.6 A Councillor may withdraw their

by providing

notice to the

and all Councillors before the

is issued.

23.7 The full text of any

accepted by the

must

be included in the

.

23.8 The text of any

advice provided by a member of Council staff to a Councillor

in relation to that Councillor’s

will be included in the

.

23.9 The

must cause all

to be numbered,

dated and entered in the notice of motion register in the order in which they were

received.

23.10 Except by leave of

, each

before any meeting must be

considered in the order in which they were entered in the notice of motion register.

23.11 If a Councillor who has given a

is absent from the meeting or fails

to move the motion when called upon by the

, any other Councillor may move

the motion, provided that Councillor has the consent of the Councillor who gave the

.

23.12 If a

is not moved at the

at which it is listed, it

lapses.

23.13 The

, having lodged a

, must vacate the chair of the

to move the

, in which case:

23.13.1 the Deputy Mayor (if not already in the chair) will assume the chair; or

23.13.2 if the Deputy Mayor is not

or there is no Deputy Mayor or

the Deputy Mayor is already the

,

must appoint a temporary

for the consideration of that item.

Page 10

24.1 A motion of congratulations or condolences must be in

, and be lodged with

or sent to the

before a

to allow for it to be

moved at that

.

24.2 Minutes of a

will include motions of congratulations and

condolences only as carried by

.

Any motion which is determined by the

to be:

25.1 defamatory;

25.2 objectionable in language or nature;

25.3 vague or unclear in intention;

25.4 outside the powers of

; or

25.5 irrelevant to the item of business on the

and has not been admitted as

urgent business, or purports to be an amendment but is not,

must not be accepted by the

.

The procedure for moving any motion or amendment is:

26.1 the mover must state the motion without speaking to it;

26.2 the motion must be seconded and the seconder must be a Councillor other than

the mover. If a motion is not seconded, the motion lapses for want of a seconder;

26.3 if a motion or an amendment is moved and seconded the

must ask:

"Is the motion or amendment opposed? Does any Councillor wish to speak to the

motion or amendment?"

26.4 if no Councillor indicates opposition or a desire to speak to it, the

may

declare the motion or amendment carried without discussion;

26.5 if a Councillor indicates opposition or a desire to speak to it, then the

must

call on the mover to address the meeting;

26.6 after the mover has addressed the meeting, the seconder may address the

meeting;

26.7 after the seconder has addressed the meeting (or after the mover has addressed

the meeting if the seconder does not address the meeting), the

must invite

debate by calling on any Councillor who wishes to speak to the motion; and

26.8 if, after the mover has addressed the meeting, the

has invited debate and no

Councillor speaks to the motion, then the

must put the motion to the vote.

Page 11

27.1 The mover of a motion, including an amendment, has a right of reply to matters

raised during debate.

27.2 After the right of reply has been taken but subject to any Councillor exercising their

right to ask any question concerning or arising out of the motion, the motion must

immediately be put to the vote without any further discussion or debate.

28.1 Subject to sub-Rule 28.2 a motion which has been moved and seconded may be

amended by leaving out or adding words. Any added words must be relevant to

the subject of the motion.

28.2 A motion to confirm a previous resolution of

cannot be amended.

28.3 An amendment must not be directly opposite to the motion.

29.1 An amendment may be proposed or seconded by any Councillor, except the mover

or seconder of the original motion.

29.2 Any one (1) Councillor cannot move more than two (2) amendments in succession.

30.1 Any number of amendments may be proposed to a motion but only one (1)

amendment may be accepted by the

at any one time.

30.2 No second or subsequent amendment, whether to the motion or an amendment of

it, may be taken into consideration until the previous amendment has been dealt

with.

31.1 If the amendment is carried, the motion as amended then becomes the motion

before the meeting, and the amended motion must then be put.

31.2 The mover of the original motion retains the right of reply to that motion.

32.1 At any time during debate a Councillor may foreshadow a motion so as to inform

of their intention to move a motion at a later stage in the meeting, but this

does not extend any special right to the foreshadowed motion.

32.2 A motion foreshadowed may be prefaced with a statement that in the event of a

particular motion before the

being resolved in a certain way, a Councillor

intends to move an alternative or additional motion.

32.3 The

or person taking the minutes of the meeting is not

expected to record foreshadowed motions in the minutes until the foreshadowed

motion is formally moved.

32.4 The

is not obliged to accept foreshadowed motions.

Page 12

Before any motion is put to the vote, it may be withdrawn by the mover and seconder if

so resolves.

Where a motion contains more than one (1) part, a Councillor may request the

to put

the motion to the vote in separate parts.

35.1 The

may decide to put any motion to the vote in several parts.

35.2 The

may allow or request Councillors to move substantially similar items in a

block (en bloc).

36.1 Where

resolves to defer an item, there will be no further debate on the

item, and the motion will be as follows:

That Council defers item [item number and title], to be considered at the

next practicable Council meeting.

In the case of competition for the right of speak, the

must decide the order in which the

Councillors concerned will be heard.

38.1 The

may require that a complex or detailed motion be in writing.

38.2

may adjourn the meeting while the motion is being

or

may

defer the matter until the motion has been

, allowing the meeting to proceed

uninterrupted.

The

may request the person taking the minutes of the

to read the

motion or amendment to the meeting before the vote is taken.

40.1 Debate must always be relevant to the motion before the chair, and, if not, the

must request the speaker to confine debate to the motion.

40.2 If, after being requested to confine debate to the motion before the chair, the

speaker continues to debate irrelevant matters, the

may direct the speaker to

be seated and not speak further in respect of the motion then before the chair.

40.3 A speaker to whom a direction has been given under sub-Rule 40.2 must comply

with that direction.

Page 13

41.1 A Councillor must not speak longer than the time set out below, unless granted an

extension by the

:

41.1.1 the mover of a motion or an amendment which has been opposed: 5

minutes;

41.1.2 any other Councillor: 3 minutes; and

41.1.3 the mover of a motion exercising a right of reply: 2 minutes.

41.2 Only one (1) extension is permitted for each speaker.

41.3 Any extended speaking time must not exceed two (2) minutes.

If the

so determines:

42.1 any person addressing the chair must refer to the

as:

42.1.1 Madam Mayor; or

42.1.2 Mr Mayor; or

42.1.3 Madam Chair; or

42.1.4 Mr Chair

42.1.5 Mayor

42.1.6 Chair

as the case may be;

42.2 all Councillors, other than the

, must be addressed as

Cr

(name).

42.3 all members of Council staff, must be addressed as Mr or Ms

(name) as appropriate or by their official title.

42.4 Except for the

, any Councillor or person who addresses a

,

including to move, second, or otherwise speak to a motion, must direct all remarks

to or through or the chair unless granted an exemption by the chair.

43.1 A Councillor may, when no other Councillor is speaking, ask any question

concerning or arising out of the motion or amendment before the chair.

43.2 The

has the right to limit questions and direct that debate be commenced or

resumed.

Page 14

44.1 Unless otherwise prohibited, a procedural motion may be moved at any time and

must be dealt with immediately by the

.

44.2 Procedural motions require a seconder.

44.3 Notwithstanding any other provision in this Chapter, procedural motions must be

dealt with in accordance with the following table:

Page 15

1. Adjournment of

debate to later hour

and/or date

That this matter be

adjourned to *am/pm

and/or *date

Any Councillor who

has not moved or

seconded the

original motion or

otherwise spoken

to the original

motion

(a) During the election of

a

;

(b) When another

Councillor is speaking

Motion and any

amendment postponed to

the stated time and/or

date

Debate continues

unaffected

Yes

2. Adjournment of

debate indefinitely

That this matter be

adjourned until

further notice

Any Councillor who

has not moved or

seconded the

original motion or

otherwise spoken

to the original

motion

(a) During the election of

a

;

(b) When another

Councillor is speaking;

(c) When the matter is

one in respect of which a

call of the

has

been made for that

meeting in accordance

with section 85 of the

;

or

(d)When the motion

would have the effect of

causing

to be in

breach of a legislative

requirement

Motion and any

amendment postponed

but may be resumed at

any later meeting if on the

agenda

Debate continues

unaffected

Yes

3. Adjournment of

meeting for five (5)

minute break

That the meeting be

adjourned for a short

break of five

minutes.

Any Councillor

(a) During the election of

a

;

(b) When another

Councillor is speaking

Meeting adjourned for

five minutes

Meeting continues

unaffected

No

Page 16

3. The closure of

debate

That the motion be

now put

Any Councillor who

has not moved or

seconded the

original motion or

otherwise spoken

to the original

motion

During nominations for

Motion or amendment in

respect of which the

closure is carried is put to

the vote immediately

without debate of this

motion, subject to any

Councillor their right to

ask any question

concerning or arising out

of the motion

Debate continues

unaffected

No

4. Alter Order of

Business

That the item listed

as xx on the agenda

be considered

before/after the item

listed as item xy

Any Councillor

(including the

)

During any debate

Alters the order of

business for the meeting

Items are

considered in the

order as listed in

the

No

5. Suspension of

Standing Orders

That Standing

Orders be

suspended to

[reason must be

provided]

Any Councillor

(including the

)

During any debate

The rules of the meeting

are temporarily

suspended for the

specific reason given in

the motion.

Meeting continues

unaffected

No and no debate

or decision on any

matter. Resolution

to resume Standing

Orders is the only

decision

permissible

6. Resumption of

Standing Orders

That Standing

Orders be resumed

Any Councillor

(including the

)

When Standing Orders

have not been suspended

The temporary

suspension of the rules of

the meeting is removed.

The meeting

cannot continue.

No

Page 17

7. Consideration of

Confidential Matters

That, in accordance

with sections 3(1)

and 66(2)(a) of the

the

meeting be closed to

members of the

public for the

consideration of item

xx which is classified

as confidential

information in

accordance with

section 3(1) of the

Any Councillor

N/A

Meeting is closed to

members of the public on

the basis that the matter

is classified as

confidential information in

accordance with section

3(1) of the

.

Meeting continues

to be open to the

public.

Yes

8. Reopen the

Meeting

That the meeting be

reopened to

members of the

public.

Any Councillor

N/A

The meeting is reopened

to members of the public.

The meeting

remains closed to

members of the

public.

No

Page 18

9. Consideration of

Confidential Matters

Where They Are the

Last Items for

Consideration at the

Meeting

That, in accordance

with sections 3(1)

and 66(2)(a) of the

the

meeting be closed to

members of the

public for the

remaining of the

meeting for

consideration of item

xx which is classified

as confidential

information in

accordance with

section 3(1) of the

[insert

grounds from s 3(1)

definition], and is the

last item for

consideration at the

meeting.

Any Councillor

N/A

Meeting is closed to

members of the public for

the remaining of the

meeting on the basis that

the matter is classified as

confidential information in

accordance with section

3(1) of the

,

and the matter is the last

item for consideration at

the meeting.

Meeting continues

to be open to the

public.

Yes

Page 19

45.1 A Councillor may propose a

provided that the:

45.1.1 Councillor proposing a

has circulated the draft

to all Councillors for information before lodging it

with the

45.1.2 Councillor provides evidence to the

at the time

of lodging the

that a draft has been circulated to all

Councillors prior to being lodged with the

;

45.1.3

has been signed and dated;

45.1.4 resolution proposed to be rescinded has not been acted on;

45.1.5 effect of rescinding the resolution will not place

at significant

legal, financial or other risk, including non-compliance with any statutory

obligations; and

45.1.6

is delivered to the

setting

out -

(a) the resolution to be rescinded; and

(b) the meeting and date when the resolution was carried.

45.2 A resolution will be deemed to have been acted on if:

45.2.1 its content or substance has been formally communicated in

by

the

or a member of Council staff authorised by

the

to a person whose interests are materially

affected by it, including by the publishing of the unconfirmed minutes of a

on the website;

or

45.2.2 a statutory process has been commenced

so as to vest enforceable rights in or obligations on

or any other person.

45.3 The

or an appropriate member of Council staff must defer

implementing a resolution which:

45.3.1 has not been acted on; and

45.3.2 is the subject of a

which has been delivered to the

in accordance with sub-Rule 45.1,

unless deferring implementation of the resolution would:

45.3.3 have the effect of depriving the resolution of efficacy; or

45.3.4 place

at significant legal, financial or other risk.

Page 20

45.4 The full text of any

accepted by the

must be included in the

.

45.5 The

may arrange for comments of members of Council

staff to be provided to Councillors prior to the

being published

in the

for the relevant

.

45.6 The

must cause all

to be numbered,

dated and entered in the notice of motion register in the order in which they were

received.

45.7 Except by leave of

, each

before any meeting must be

considered in the order in which they were received.

45.8 If a Councillor who has lodged a

is absent from the

at which the

is to be considered, or fails to move the

when called upon to do so by the

, any other Councillor

may move the

.

45.9 The

, having lodged a

, must vacate the chair of the

to move the

and:

(a) the Deputy Mayor (if not already in the chair) will assume the chair; or

(b) if the Deputy Mayor is not

, there is no Deputy Mayor or the

Deputy Mayor is already the

,

must appoint a temporary

for the consideration of that item.

If a

is lost, a similar motion may not be put before

for at least the

(3) months from the date it was last lost, unless

resolves that the

be re-listed at a future meeting.

If a

is not moved at the meeting at which it is listed, it lapses.

A

listed on an

may be moved by any Councillor

but may not be amended.

49.1 Unless sub-Rule 49.2 applies, a

is not required where

wishes to change policy.

49.2 The following standards apply if

wishes to change policy:

49.2.1 if the policy has been in force in its original or amended form for less than

12 months, a

must be presented to

; and

49.2.2 any intention to change a

policy, which may result in a significant

impact on any person, should be communicated to those affected and

this may include publication and consultation, either formally or

informally.

Page 21

49.3 Changes to policies designated by

as “Major Policies” may only be

amended, modified or revoked in accordance with the

.

The

must decide all points of order by stating the provision, rule, practice or precedent

which they consider applicable to the point raised without entering into any discussion or

comment, other than to confer with the

, or a member of Council staff

authorised by the

for that purpose.

51.1 The

may adjourn the meeting to consider a point of order but otherwise must

rule on it as soon as it is raised.

51.2 All other questions before the meeting are suspended until the point of order is

decided.

52.1 A Councillor may move that the meeting disagree with the

ruling on a point

of order, by moving:

"That the

ruling [setting out that ruling or part of that ruling] be dissented

from".

52.2 When a motion in accordance with this Rule is moved and seconded, the

must leave the chair and the Deputy Mayor (or, if there is no Deputy Mayor or the

Deputy Mayor is not

, a temporary

elected by the meeting)

must take their place.

52.3 The Deputy Mayor or temporary

must invite the mover to state the reasons

for their dissent and the

may then reply.

52.4 The Deputy Mayor or temporary

must put the motion in the following form:

"That the

ruling be dissented from."

52.5 If the vote is in the negative, the

resumes the chair and the meeting

proceeds.

52.6 If the vote is in the affirmative, the

must then resume the chair, reverse or

vary (as the case may be) their previous ruling and proceed.

52.7 The defeat of the

ruling is in no way a motion of censure or no-confidence

in the

, and should not be so regarded by the meeting.

A Councillor raising a point of order must state:

53.1 the point of order; and

53.2 any section, Rule, paragraph or provision relevant to the point of order

Page 22

before resuming their seat unless granted an exemption by the

.

54.1 A point of order may be raised in relation to:

54.1.1 a motion, which, under Rule 25, or a question which, under Rule 55,

should not be accepted by the

;

54.1.2 a question of procedure; or

54.1.3 any act of disorder.

54.2 The

has ultimate discretion not to recognise as valid a point of order that

does which does not comply with

or is raised in relation to a matter

which is not capable of being a valid point of order.

54.3 Rising to express a difference of opinion or to contradict a speaker is not a point

of order

55.1 There must be a public question time at every

fixed under Rule 8

to enable members of the public to submit questions to

.

55.2 Sub-Rule 55.1 does not apply during any period when a meeting is closed to

members of the public in accordance with section 66(2) of the

.

55.3 Public question time will not exceed 15 minutes in duration, unless by resolution of

, in which case public question time may be extended for a further period of

15 minutes.

55.4 Questions submitted to

must:

55.4.1 be in

and generally in a form approved by the

;

55.4.2 state the name and address of the person submitting the question; and

55.4.3 be lodged at

principal office (Sunshine) or submitted

electronically on

website by 9am on the last

immediately prior to the day of the meeting.

55.5 The

will cause a question submitted in a language other

than English to be translated to English.

55.6 A question that cannot be translated prior to the commencement of the next

meeting will be translated prior to the meeting scheduled after it and the submitter

will be notified.

55.7 No person may submit more than two (2) questions at any one meeting.

55.8 If a person has submitted two (2) questions to a meeting, the second question:

55.8.1 may, at the discretion of the

, be deferred until all other persons who

have asked a question have had their questions asked and answered; or

Page 23

55.8.2 may not be asked if the time allotted for public question time has expired.

55.9 The

or a member of Council staff nominated by the

may read to those

at the meeting a question which has been submitted in accordance

with this Rule.

55.10 Notwithstanding sub-Rule 55.9, the

may refrain from reading a question or

having a question read if the person who submitted the question is not

at the time when the question is due to be read.

55.11 A question may be disallowed by the

if the

determines that it:

55.11.1 relates to a matter outside the duties, functions and powers of

;

55.11.2 is defamatory, indecent, abusive, offensive, irrelevant, trivial or

objectionable in language or substance;

55.11.3 deals with a subject matter already answered;

55.11.4 is aimed at embarrassing a Councillor or a member of Council staff;

55.11.5 relates to personnel matters;

55.11.6 relates to the personal hardship of any resident or ratepayer;

55.11.7 relates to industrial matters;

55.11.8 relates to contractual matters;

55.11.9 relates to proposed developments;

55.11.10 relates to legal advice;

55.11.11 relates to matters affecting the security of

property; or

55.11.12 relates to any other matter which

considers would prejudice

or any person.

55.12 Any question which has been disallowed by the

must be made available to

any other Councillor upon request.

55.13 All questions and answers must be as brief as possible, and no discussion may be

allowed other than by Councillors for the purposes of clarification.

55.14 Like questions may be grouped together and a single answer provided.

55.15 The

may nominate a Councillor or the

Officer to respond to a

question.

55.16 The

or a member of Council staff nominated by the

may, in the

interests of maximising the number of questions that can be answered during the

time allowed for Public Question Time, choose not to read out any part of the

public question that is in the nature of a submission.

55.17 A

copy of the questions submitted and the answers provided at a meeting

must be published in the minutes of the meeting.

Page 24

55.18 A Councillor or the

may require a question to be put on

notice. A

copy of the answer will be published in the minutes of the

meeting.

55.19 A Councillor or

may advise

that it is their

opinion that the reply to a question should be given in a meeting closed to

members of the public. The Councillor or

(as the case may

be) must state briefly the reason why the reply should be so given and, unless

resolves to the contrary, the reply to such question must be so given.

56.1 Unless

determines to consider it as an item of urgent business, no motion

(other than a motion to receive the same) may be made on any petition, joint letter,

memorial or other like application until the next fixed

after that at

which it has been presented.

56.2 It is incumbent on every Councillor presenting a petition or joint letter to acquaint

themselves with the contents of that petition or joint letter, and to ascertain that it

does not contain language which is disrespectful towards

.

56.3 Every Councillor presenting a petition or joint letter to

must:

56.3.1 write or otherwise record their name at the beginning of the petition or

joint letter; and

56.3.2 confine themselves to a statement of the persons from whom it comes,

the number of signatories to it, the material matters expressed in it and

what is requested of

.

56.4 Every petition or joint letter presented to

must:

56.4.1 be in

(other than pencil);

56.4.2 not be defamatory or objectionable in language or nature;

56.4.3 not relate to matters outside the powers of

56.4.4 clearly state the request of the petitioners to

to take particular

action(s);

56.4.5 include the whole request of the petitioners on each page; and

56.4.6 subject to sub-Rule 56.6, contain the name, address and signature of

each petitioner or signatory.

56.5 Every page of a hard copy petition or joint letter must be a single page of paper

and not be posted, stapled, pinned or otherwise affixed or attached to any piece of

paper other than another page of the petition or joint letter.

56.6 Electronic or online petitions, joint letters, memorials or like applications must

contain the name and email address of each petitioner or signatory, which details

will, for the purposes of this Rule 56, qualify as the address and signature of such

petitioner or signatory.

Page 25

56.7 Only the request of petitioners and the number of signatories will be included in the

for the

.

56.8 Any petition or joint letter must be received by

at least five (5)

before the day of a

to allow sufficient time for the petition to

be included in the

for that

.

56.9 If a petition, joint letter, memorial or other like application relates to an operational

matter,

must refer it to the

for consideration.

To determine a motion before a meeting, the

must first call for those in favour of the

motion and then those opposed to the motion, and must then declare the result to the

meeting.

Subject to Rule 61, voting must take place in silence.

59.1 The

may direct that a vote be recounted to satisfy themselves of the result.

59.2 The

may adjourn a meeting to consider how their casting vote will be cast.

60.1 Subject to sub-Rule 60.2, in the event of a tied vote the

has a casting vote

60.2 Sub-Rule 60.1 does not apply where the question is:

60.2.1 the election of a

, a Deputy Mayor, or a

of a

; or

60.2.2 a vote, under section 23 of the

, to declare the office of

or

Deputy Mayor vacant.

61.1 Voting on any matter is by show of hands or such other visible or audible means as

the

determines

61.2 For the purpose of determining the result of a vote and in accordance with section

61(6) of the

, a Councillor

at the meeting who does not vote is to

be taken to have voted against the question.

62.1 Immediately after any question is put to a meeting and before the next item of

business has commenced, a Councillor may call for a division.

62.2 When a division is called for, the vote already taken must be treated as set aside

and the division shall decide the question, motion or amendment.

62.3 When a division is called for, the

must:

Page 26

62.3.1 first ask each Councillor wishing to vote in the affirmative to raise a hand

and, upon such request being made, each Councillor wishing to vote in

the affirmative must raise one of their hands or otherwise signify their

support in a manner recognised by the

. The

must then state,

and the

or any member of Council staff

authorised by the

must record, the names of

those Councillors voting in the affirmative; and

62.3.2 then ask each Councillor wishing to vote in the negative to raise a hand

and, upon such request being made, each Councillor wishing to vote in

the negative must raise one of their hands or otherwise signify their

opposition in a manner recognised by the

. The

must then

state, and the

or any member of Council staff

authorised by the

must record, the names of

those Councillors voting in the negative.

Once a vote on a question has been taken, no further discussion relating to the question is

allowed unless the discussion involves:

63.1 a Councillor requesting, before the next item of business is considered, that their

opposition to a resolution be recorded in the minutes or a register maintained for

that purpose; or

63.2 foreshadowing a

where a resolution has just been made, or a

positive motion where a resolution has just been rescinded.

The purpose of the minutes is to represent an accurate representation of proceedings at that record of

the meeting:

64.1 At every

the minutes of the preceding meeting(s) must be dealt

with as follows:

64.1.1 a copy of the minutes must be delivered to each Councillor no later than

48 hours before the meeting;

64.1.2 if no Councillor indicates opposition, the minutes must be declared to be

confirmed;

64.1.3 if a Councillor indicates opposition to the minutes:

Page 27

(a) they must specify the item(s) to which they object;

(b) the objected item(s) must be considered separately and in the

order in which they appear in the minutes;

(c) the Councillor objecting must move accordingly without speaking to

the motion;

(d) the motion must be seconded;

(e) the

must ask:

"Is the motion opposed?"

(f) if no Councillor indicates opposition, then the

must declare

the motion carried without discussion and then ask the second of

the questions described in sub-Rule 64.1.3(k);

(g) if a Councillor indicates opposition, then the

must call on the

mover to address the meeting;

(h) after the mover has addressed the meeting, the seconder may

address the meeting;

(i) after the seconder has addressed the meeting (or after the mover

has addressed the meeting if the seconder does not address the

meeting), the

must invite debate by calling on any Councillor

who wishes to speak to the motion, providing an opportunity to

alternate between those wishing to speak against the motion and

those wishing to speak for the motion;

(j) if, after the mover has addressed the meeting, the

invites

debate and no Councillor speaks to the motion, the

must put

the motion; and

(k) the

must, after all objections have been dealt with, ultimately

ask:

"The question is that the minutes be confirmed" or

"The question is that the minutes, as amended, be confirmed",

and then put the question to the vote accordingly;

64.1.4 a resolution of

must confirm the minutes and the minutes must, if

practicable, be signed by the

of the meeting at which they have

been confirmed;

64.1.5 the minutes must be entered in the

and each item in the

must be entered consecutively; and

64.1.6 unless otherwise resolved or required by law, minutes of a

requiring confirmation by

must not be available to the

public until confirmed by

may defer the confirmation of minutes until later in the

or until the

next meeting if considered appropriate.

67.1 The

(or other person authorised by the

to attend the meeting and to take the minutes of such meeting) must keep

minutes of each

, and those minutes must record:

67.1.1 the date, place, time and nature of the meeting;

67.1.2 the names of the Councillors

and the names of any

Councillors who apologised in advance for their non-attendance;

67.1.3 the names of the members of Council staff

who are not part

of the gallery;

67.1.4 any disclosure of a conflict of interest made by a Councillor, including the

explanation given by the Councillor under Chapter 5 and whether the

conflict of interest was said by the Councillor to be a general conflict of

interest or a material conflict of interest;

67.1.5 arrivals and departures (including temporary departures) of Councillors

during the course of the meeting;

67.1.6 each motion and amendment moved (including motions and amendments

that lapse for the want of a seconder);

67.1.7 the vote cast by each Councillor upon a division and any abstention from

voting;

67.1.8 the vote cast by any Councillor who has requested that their vote be

recorded in the minutes;

67.1.9 questions upon notice and the response to the question taken upon

notice;

67.1.10 the failure of a

;

67.1.11 any adjournment of the meeting and the reasons for that adjournment

(except that no reason is required to be recorded for adjournments for a

short break under sub-Rule 14.4);

67.1.12 the time at which standing orders were suspended and resumed; and

67.1.13 instances where the

made a statement in relation to an item on the

agenda. The minutes will note, for example, “The Mayor made a

statement.”

67.2 The

must ensure that the minutes of any

are made available to:

Page 29

67.2.1 Councillors within three (3)

of the conclusion of the

meeting; and

67.2.2 members of the public, by publishing them on the website within four (4)

of the conclusion of the meeting.

67.3 Nothing in sub-Rule 67.2 requires

or the

to make

public any minutes relating to a

or part of a

closed to members of the public in accordance with section 66 of the

.

68.1 A person must not, without the prior approval of the

, operate any audio or

visual recording equipment at any

.

68.2 Nothing in sub-Rule 68.1 applies to:

68.2.1 any recording device operated by a member of Council staff for the

purpose of preparing draft minutes of the

;

68.2.2 any recording device operated for the purpose of live streaming a

and publishing the recording of the meeting in accordance with

Live Streaming of Council Meetings Policy; or

68.2.3 any security camera installed in any place in which a

is

held.

68.3 If the

gives approval under sub-Rule 68.1, the

must, as soon as

practicable after opening the

, announce the giving of approval and

advise those who are

that their images and/or voices are likely to be

recorded during the course of the

.

69.1 Members of the public do not have a right to address

and may only do so

with the consent of the

or by prior arrangement.

69.2 Any member of the public addressing

must extend due courtesy and

respect to

and the processes under which it operates, and must take

direction from the

whenever called on to do so.

69.3 A member of the public

at a

must not disrupt the

meeting.

The

may order and cause the removal of any person, other than a Councillor, who

disrupts any meeting or fails to comply with a direction given under sub-Rule 69.2.

Page 30

If the

is of the opinion that disorder at the

table or in the gallery makes it

desirable to adjourn the

, the

may adjourn the meeting to a later time

on the same day or to some later day as they think proper. In that event, the provisions of

sub-Rules 14.2 and 14.3 apply.

The

may ask the

to see to the removal of any person who acts

in breach of this Chapter and whom the

has ordered to be removed from Chamber

under Rule 70.

In addition to the duties and discretions provided in this Chapter, the

must:

73.1 not accept any motion, question or statement which is derogatory or defamatory of

any person; and

73.2 call to order any person who is disruptive or unruly during any meeting.

74.1 To expedite the business of a meeting,

may suspend standing orders.

74.2 The suspension of standing orders should not be used purely to dispense with the

processes and protocol of the government of

. An appropriate motion would

be:

"That standing orders be suspended to enable discussion on……"

74.3 No motion can be accepted by the

or lawfully be dealt with during any

suspension of standing orders.

74.4 Once the discussion has taken place and before any motions can be put, the

resumption of standing orders will be necessary. An appropriate motion would be:

"That standing orders be resumed."

Page 31

75.1 Each notice of meeting must indicate whether the relevant

is to be

conducted:

75.1.1 wholly in person;

75.1.2 wholly by electronic means; or

75.1.3 partially in person and partially by electronic means.

75.2 The indication in the notice of meeting must be consistent with any resolution of

that has expressed a preference for, or otherwise specified, when

are to be conducted:

75.2.1 wholly in person;

75.2.2 wholly by electronic means; or

75.2.3 partially in person and partially by electronic means.

75.3 If a

is to be conducted wholly in person a Councillor may

nonetheless request to attend by electronic means.

75.4 Any request made under sub-Rule 75.3 must:

75.4.1 be in

;

75.4.2 be given to the

no later than 24 hours prior to the

commencement of the relevant

; and

75.4.3 specify the reasons why the Councillor is unable or does not wish to

attend the

in person.

75.5 The

must ensure that any request received in accordance

with sub-Rule 75.4 and any other request received from a Councillor to attend by

electronic means is made known at the commencement of the relevant

.

75.6

may approve and must not unreasonably refuse any request.

75.7 A Councillor who is

a

by electronic means is responsible

for ensuring that they are able to access such equipment and are in such an

environment that facilitates participation in the

.

75.8 Without detracting from anything said in sub-Rule 75.7, a Councillor who is

a meeting by electronic means must be able to:

75.8.1 hear the proceedings;

75.8.2 see all Councillors and members of Council staff who are also

the

, at least while a Councillor or member of Council

staff is speaking;

75.8.3 be seen by all Councillors, members of Council staff and members of the

public who are physically present at the

; and

75.8.4 be heard when they speak.

Page 32

75.9 If the conditions of sub-Rule 75.8 cannot be met by one or more Councillors

a

, whether because of technical difficulties or otherwise:

75.9.1 the

will nonetheless proceed as long as a

is

present; and

75.9.2 the relevant Councillor (or Councillors) will be treated as being absent

from the

or that part of the

unless the

has been adjourned in accordance with

.

75.10 Nothing in this Rule prevents a Councillor from joining (or re-joining) a

at the time that they achieve compliance with sub-Rule 75.8 even if the

has already commenced or has continued in their absence.

If a

is conducted wholly or partially by electronic means, the

may,

upon

so resolving, change the application of any of the Rules in this Chapter to

facilitate the more efficient and effective transaction of the business of the meeting.

77.1 The

may make a brief statement at a

in

respect of any statement by a Councillor made at the

criticising

them or any member of Council staff.

77.2 A statement under sub-Rule 77.1 must be made by the

,

through the

, as soon as it practicable after the Councillor who made the

statement has resumed their seat.

In all cases not specifically provided for by this Chapter,

may determine the

procedure to apply by resolution.

Council may adopt any policies or guidelines from time to time for the purpose of exercising

any discretions conferred by these

.

Page 33

If

establishes a

:

1.1 all of the provisions of Chapter 2 apply to meetings of the

;

and

1.2 any reference in Chapter 2 to:

1.2.1 a

is to be read as a reference to a

meeting;

1.2.2 a Councillor is to be read as a reference to a

; and

1.2.3 the Mayor is to be read as a reference to the

of the

.

Notwithstanding Rule 1, if

establishes a

that is not composed

solely of Councillors:

2.1

may; or

2.2 the

may, with the approval of

resolve that any or all of the provisions of Chapter 2 are not to apply to a meeting of the

, in which case the provision or those provisions will not apply until

resolves, or the

with the approval of

resolves,

otherwise.

Page 34

Unless anything in the

provides otherwise, the conduct of a

meeting of a

is in the discretion of the

.

Page 35

A Councillor who has a conflict of interest in a matter being considered at a

at which they:

2.1 are

must disclose that conflict of interest by explaining the nature of

the conflict of interest to those in attendance at the

immediately

before the matter is considered, indicating whether it is a general conflict of interest

or a material conflict of interest; or

2.2 intend to

must disclose that conflict of interest by providing to the

before the

commences a written notice:

2.2.1 advising of the conflict of interest;

2.2.2 explaining the nature of the conflict of interest, and indicating whether it is

a general conflict of interest or a material conflict of interest; and

2.2.3 detailing, if the nature of the conflict of interest involves a Councillor’s

relationship with or a gift from another person, the:

(a) name of the other person;

(b) nature of the relationship with that other person or the date of

receipt, value and type of gift received from the other person; and

(c) nature of that other person’s interest in the matter,

and then immediately before the matter is considered at the meeting announcing to

those

that they have a conflict of interest and that a written notice

has been given to the

under this sub-Rule.

The Councillor must, in either event, leave the

immediately after giving the

explanation or making the announcement (as the case may be) and not return to the meeting

until after the matter has been disposed of.

A

who has a conflict of interest in a matter being

considered at a

meeting at which they:

3.1 are

must disclose that conflict of interest by explaining the nature of

the conflict of interest to those

at the

meeting

immediately before the matter is considered, and indicating whether it is a general

conflict of interest or a material conflict of interest; or

3.2 intend to

must disclose that conflict of interest by providing to the

before the

meeting commences a written

notice:

3.2.1 advising of the conflict of interest;

3.2.2 explaining the nature of the conflict of interest, and indicating whether it is

a general conflict of interest or a material conflict of interest; and

Page 36

3.2.3 detailing, if the nature of the conflict of interest involves a

relationship with or a gift from another person

the:

(a) name of the other person;

(b) nature of the relationship with that other person or the date of

receipt, value and type of gift received from the other person; and

3.2.4 nature of that other person’s interest in the matter,

and then immediately before the matter is considered at the meeting announcing to

those

that they have a conflict of interest and that a written notice

has been given to the

under this sub-Rule.

The member of a

must, in either event, leave the

meeting immediately after giving the explanation or making the announcement

(as the case may be) and not return to the meeting until after the matter has been disposed

of.

A Councillor who has a conflict of interest in a matter being considered at a

meeting at which they:

4.1 are

must disclose that conflict of interest by explaining the nature of

the conflict of interest to those

at the

meeting immediately before the matter is considered and indicating whether it is a

general conflict of interest or a material conflict of interest; or

4.2 intent to

must disclose that conflict of interest by providing to the

before the

meeting commences a

written notice:

4.2.1 advising of the conflict of interest;

4.2.2 explaining the nature of the conflict of interest, and indicating whether it is

a general conflict of interest or a material conflict of interest; and

4.2.3 detailing, if the nature of the conflict of interest involves a member of a

Councillor’s relationship with or a gift from another person the:

(a) name of the other person;

(b) nature of the relationship with that other person or the date of

receipt, value and type of gift received from the other person; and

4.2.4 nature of that other person’s interest in the matter,

and then immediately before the matter is considered at the meeting announcing to

those

that they have a conflict of interest and that a written notice

has been given to the

under this sub-Rule.

The Councillor must, in either event, leave the

meeting

immediately after giving the explanation or making the announcement (as the case may be)

and not return to the meeting until after the matter has been disposed of.

Page 37

A Councillor who has a conflict of interest in a matter being considered by a

at which they are

must:

5.1 disclose that conflict of interest by explaining the nature of the conflict of interest to

those

at the meeting immediately before the matter is considered

and indicating whether it is a general conflict of interest or a material conflict of

interest;

5.2 absent themselves from any discussion of the matter; and

5.3 as soon as practicable after the meeting concludes provide to the

a written notice recording that the disclosure was made and accurately

summarising the explanation given to those

at the meeting.

6.1 A member of Council staff who, in their capacity as a member of Council staff, has

a conflict of interest in a matter in respect of which they are preparing or

contributing to the preparation of a Report for the consideration of a:

6.1.1

;

6.1.2

meeting;

6.1.3

meeting

must, immediately upon becoming aware of the conflict of interest, provide a

written notice to the

disclosing the conflict of interest and

explaining the nature of the conflict of interest, and indicating whether it is a

general conflict of interest or a material conflict of interest.

6.2 The

must ensure that the Report referred to in sub-Rule

6.1records the fact that a member of Council staff disclosed a conflict of interest in

the subject-matter of the Report.

6.3 If the member of Council staff referred to in sub-Rule 6.1 is the

:

6.3.1 the written notice referred to in sub-Rule 6.1must be given to the

;

and

6.3.2 the obligation imposed by sub-Rule 6.2 may be discharged by any other

member of Council staff responsible for the preparation of the Report.

7.1 A member of Council staff who has a conflict of interest in a matter requiring a

decision to be made by the member of Council staff as delegate must, immediately

upon becoming aware of the conflict of interest, provide a written notice to the

explaining the nature of the conflict of interest, and

indicating whether it is a general conflict of interest or a material conflict of interest.

7.2 If the member of Council staff referred to in sub-Rule 7.1 is the

the written notice must be given to the

.

Page 38

8.1 A member of Council staff who has a conflict of interest in a matter requiring a

statutory function to be performed under an Act by the member of Council staff

must, upon becoming aware of the conflict of interest, immediately provide a

written notice to the

explaining the nature of the conflict of

interest, and indicating whether it is a general conflict of interest or a material

conflict of interest.

8.2 If the member of Council staff referred to in sub-Rule 8.1 is the

the written notice must be given to the

.

The

must retain all written notices received under this Chapter for a

period of three (3) years.

Page 39

This policy forms part of Council’s Governance Rules. It should be read in conjunction with the

Councillor Code of Conduct Major Policy (Code) and the Standards of Conduct set out in Schedule 1

to the

. The purpose of this policy is to

ensure the transparency and accountability of the Councillors, Council officers, and Candidates during

an Election Period. The policy complies with the

(the Act), which requires

councils to have an election period policy that sets out requirements relating to conduct, decision

making, transparency and equity, and use of Council resources, during an Election Period.

The role of Councillor must be kept separate from the role that a person may take as a Candidate (or

Prospective Candidate) in any election. A Councillor must avoid any actual and perceived conflicts

between the two roles, and endeavour to demonstrate they understand the separation between them.

Prior to the holding of a Municipal Election, Council enters an ‘election’ or ‘caretaker’ period, and must

avoid taking actions and/or making decisions which could be seen to be influencing voters, or which

will have a significant impact on an incoming Council. The Election Period extends for 32 days - from

the last day nominations for the election can be received, until 6pm on election day.

The Act specifically requires this policy to prohibit Council from making any Prohibited Decisions

during the Election Period. These restrictions are the minimum legislative requirements. This policy

also sets out other restrictions for the use of Council resources and decision making for Electioneering

purposes at any time in connection with any municipal election, including:



Decisions made by Council or a person acting under delegation during an Election Period



Council’s publications, promotion, media, consultations and events during an Election Period



The use of Council resources, including venues, during an Election Period



Access to Council information by Councillors and Candidates during an Election Period.

means a person who nominates as a candidate in a Municipal Election.

means the Councillor Code of Conduct 2021.

means any action, statement and/or publication that contains material directly related

to, or likely to influence, a Councillor’s re-election, or a Candidate’s election.

, also known as the

, means the 32-day statutory time period prior to

the date of the general Municipal Election.

means an advertisement, handbill, pamphlet or notice that contains Electoral

Matter, but does not include an advertisement in a newspaper that is only announcing the holding of a

meeting

Page 40

means matter which is intended or likely to affect voting in an election, but does not

include any electoral material produced by or on behalf of the election manager for the purposes of

conducting an election. Electoral Matter is to be taken to be intended or likely to affect voting in an

election if it contains an express or implicit reference to or comment on:



The election



A Candidate in the election



An issue submitted to, or otherwise before, the voters in connection with the election.

means a general election and a by-election held under and in accordance with the

Act.

means any decision during the Election Period for a general election that:



Relates to the appointment or remuneration of the Chief Executive Officer



Commits Council to expenditure exceeding 1 per cent of Council’s rate income from the

previous financial year



Council considers could reasonably be deferred until after the election



Council considers should not be made during an Election Period



Would enable the use of Council's resources in a way that is intended to influence, or is

likely to influence, voting at the election.

means any person who expresses an intention to run as a candidate for a

municipal election.

means a process that involves an invitation/s to individuals, groups,

organisations or the community in general, to comment on an issue, proposed action, or proposed

policy, including a process instigated under s 223 of the

and under

Council’s Community Engagement Policy.

means the person appointed in writing by the Victorian Electoral Commission to

conduct the election.

The Governance department is responsible for the administration of this policy. Any issues or items

requiring clarification will be referred to the Chief Executive Officer, who will make a determination with

respect to matters of policy interpretation or implementation.

This policy is made in accordance with the Act.

5.1

Under Section 69 of the Act, a council must include an election period policy in its Governance Rules

which sets out procedures to be applied by the council during the Election Period for a Municipal

Election.

An election period policy must prohibit Council from making any Prohibited Decisions during the

Election Period for a Municipal Election.

Page 41

Section 304 of the Act imposes limitations on Council publications during the Election Period

(prohibiting the use of Council resources to publish Electoral Matter). Specifically, s 304 of the Act

states that a Councillor or member of Council staff must not use Council resources:



In a way that is intended or likely to affect the result of a Municipal Election



To intentionally or recklessly print, publish or distribute or cause, permit or authorise to be

printed, published or distributed, any Electoral Matter on behalf of, or purporting to be on

behalf of, Council, unless the material only contains information about the election process.

Section 69 of the Act prohibits Council from making any Prohibited Decisions during the Election

Period:

Section 123 of the Act prescribes serious penalties for any Councillor who inappropriately makes use

of their position or information obtained in their role, to gain an advantage, or disadvantage another

(misuse of position).

6.1

During an Election Period, Councillors:



Will continue to fulfil their duties (unless they are granted a leave of absence)



Will continue to engage, and communicate, with the community in their Councillor role



Must comply with the Act and Code



Must not use their position to influence Council officers, or access Council resources or

information, in support of any election campaign or candidacy.

6.2

In accordance with the Code, a Councillor must not use Council resources for candidacy, or any

purpose that may be perceived as being used for candidacy (individual or political party). This applies

to a Councillor standing in any Municipal Election. Such use would constitute misuse of position by the

Councillor.

6.2.1

Councillors will ensure there is a distinction between their obligations to Council and their personal

interests as a Candidate, or member of a political party, in an Election Period prior to a Municipal

Election.

The Election Period for Municipal Elections is defined by the Act. There are restrictions and limitations

on the kinds of decisions that Council may make during this period.

In addition, there are requirements for Councillors and Council officers to ensure Council resources

are not used, or perceived to be used, in support of any Candidate or political party.

The Chief Executive Officer will, as far as practicable, plan for matters requiring Prohibited Decisions

to be considered well in advance of the Election Period, and ensure Council officers are aware of their

obligations during an Election Period.

Page 42

6.3

6.3.1

Council will not consider any matters calling for, or make any, Prohibited Decisions during an Election

Period.

Council officers and Delegated Committees with delegated power to make decisions are also not

permitted to make any Prohibited Decisions during an Election Period.

The only items to be considered at Council and Delegated Committee Meetings held during the

Election Period, will be the Annual Report, and administrative reports to complete Council’s term of

office (for example, Informal Meetings of Councillors and delegate’s reports). A Notice of Motion

submitted by a Councillor during the Election Period that relates to Electoral Matter will not be

accepted. Finally, Public Question Time will be suspended during the Election Period.

6.3.2

During the Election Period, the Chief Executive Officer will ensure a caretaker statement is included in

any report submitted to a Council or a Delegated Committee Meeting for consideration.

The caretaker statement will specify:



“The recommended decision is not a prohibited decision as set out in section 69(2) of the

."

During the Election Period, neither Council nor a Delegated Committee will make a decision on any

matter or report that does not include the above caretaker statement.

6.3.3

Officers will not make any Prohibited Decisions under delegated authority during the Election Period.

Before making any other decision under delegated authority during the Election Period, officers should

assess whether it is otherwise undesirable to make the decision during the Election Period. In making

this assessment, officers will have regard to the following:



Whether the decision is ‘significant’



The urgency of the issue (that is, can it wait until after the election?)



The possibility of financial repercussions if the decision is deferred



Whether the decision is likely to be controversial



The best interests of Council.

Officers requiring assistance in determining whether a decision is likely to be undesirable should seek

advice from the Manager Governance and Risk in the first instance.

6.4

6.4.1

As Councillors continue to perform their elected role during the Election Period, they will continue to

receive all necessary information to fulfil that role. Councillor Candidates will be treated the same as

other Candidates in relation to access to Council information. Councillors may continue to access

Council information and public documents during the Election Period, but only as it is necessary for

them to perform their current role and functions.

Page 43

Information to be provided to Councillors will include information that is publicly and freely available,

such as Council Plans, Annual Reports, strategies, policies etc.

Briefing papers in relation to the Annual Report and administrative reports to be decided at a Council

or Delegated Committee Meeting during the Election Period will also be provided to Councillors.

All requests received by Council officers for information about Council’s existing projects, programs or

services will be responded to in a business as usual manner. This means up to date responses will be

provided about progress on Council projects or services to Councillors, Candidates and members of

the community.

A 'business as usual' approach does not include extensive research or analysis involving significant

Council resources, or providing a level of information which would not normally be available to the

public more broadly.

All election-related enquiries from Candidates, or Prospective Candidates (whether Councillors or not),

will be directed to the Manager Governance and Risk in the first instance, who will decide whether the

enquiry can be answered by Council or whether it should be referred to the Victorian Electoral

Commission.

Applications for information under Freedom of Information legislation will be dealt with in the usual

manner.

6.4.2

During the Election Period, a Request for Information Register will be maintained by Council’s

Governance department. This Register will be a public document that records all requests relating to

Electoral Matter and requests for information made by Councillors and Candidates, and a summary of

the response provided by Council.

Council officers who receive a request for information from a Councillor or Candidate during the

Election Period will discuss that request with their Director to determine an appropriate response prior

to providing the information (or declining to provide the information). Council officers will contact the

Governance department to ensure that the request is entered into the Request for Information

Register.

Requests for information that require significant resources to be devoted to a response, or which might

be perceived to support an election campaign, will be referred to the Chief Executive Officer or

delegate.

The Request for Information Register will be published on Council’s website for the duration of the

Election Period, including a summary of response and/or link to any requested public document.

6.5

6.5.1

Section 304(2) of the Act prohibits Councillors and members of Council staff from using Council

resources to print, publish or distribute or cause, permit or authorise to be printed, published or

distributed any Electoral Material during the Election Period on behalf of, or purporting to be on behalf

of, Council.

‘Publications’ include hard copy and electronic advertisements, promotional media releases, social

media posts, fliers, posters, newsletters/updates, booklets, surveys, invitations and group

mailouts/emails.

Page 44

6.5.2

The Chief Executive Officer, or delegate, will be the primary spokesperson for Council

communications during an Election Period.

Media and social media responses and statements will only be issued during the Election Period in the

name of the Chief Executive Officer.

Council officers will not make any public statement that could be construed as being intended to

influence the election. This will constitute a breach of the Employee Code of Conduct and may prompt

disciplinary action. It may also constitute a criminal offence against s 304 of the Act.

Councillors will not use their position as an elected representative, or their access to Council officers

and other Council resources, to gain media attention in support of an election campaign.

6.5.3

Council’s Annual Report is required to be prepared and submitted to the Minister for Local

Government by the end of September in each year.

The Annual Report must not include material that is considered Electoral Material, or that publicises

the attributes or achievements of individual Councillors. Information referring to specific Councillors

will be limited to names, titles, contact details, membership of Delegated Committees and other bodies

to which they have been appointed by Council. A Mayor’s Message will be included and will be

restricted to general Council business and not specific achievements of individual Councillors. The

Chief Executive Officer will determine the appropriate content for an Annual Report produced during

the Election Period.

Council will print and distribute the same number of copies of the Annual Report during the Election

Period as it did in the preceding year.

6.5.4

During the Election Period, information about Councillors published on Council websites will only

include names, contact details and titles and any information contained in the Annual Report produced

in that period.

The Agenda and Minutes for Council and Delegated Committee Meetings during the Election Period

will be published on Council’s website during the Election Period.

At the commencement of the Election Period, Council will advise social media subscribers that

comments containing Electoral Matter will be deleted. Council officers responsible for administering

individual social media sites will monitor their respective sites during the Election Period to ensure that

no Electoral Matter is posted by social media subscribers.

6.5.5

The publication of internal newsletters and intranet information, including instruction for the Election

Period, policies and protocols, is permitted and will continue as normal during an Election Period. The

promotion of Councillors, Candidates or political parties in internal publications is not permitted.

6.5.6

Councillors, like other Candidates, are permitted to issue their own communications, in any forum,

provided they do not use Council resources to do so. This includes any writing, messaging, posting

and commenting from Council owned devices, Councillor email addresses, Councillor social media

profiles, Council’s social media, Council letterhead, logo, stationery and photocopiers. Councillors and

Page 45

Candidates must make it clear that the views expressed are personal views only, and not the views of

Council.

Councillors are not permitted to comment in an official capacity about an issue raised by the media

during the Election Period. However, if media outlets contact Councillors, or Candidates, directly for

comment about an issue during the Election Period, Councillors and Candidates are able to comment,

provided they make it known to media outlets that the views expressed are personal views only, and

not the views of Council.

Council officers cannot provide media advice or assistance to Councillors during an Election Period.

6.6

6.6.1

Council will not conduct public meetings (other than Council Meetings) or events during the Election

Period. This includes promotion of upcoming public meetings or events to be held after the Election

Period. Councillors may continue to attend community events, provided that they attend in their private

(not their Councillor) capacity. No support will be provided to Councillors attending public meetings or

events by Council officers (for example, writing a speech).

Existing Council programs and services for the community will continue as business as usual, but new

promotional activity is not permitted during the Election Period.

6.6.2

Council resources will not be used to prepare speeches, or provide support for attendance, for

Councillors attending community and external events during the Election Period.

6.6.3

Public Consultation is the process by which Council invites the community to comment on an issue,

proposed action or proposed policy.

Public Consultation will be avoided during the Election Period, with the exception of consultation

required under the

.

6.6.4

Council facilities will be able to be hired by local Candidates (including Councillors), at the normal

corporate hire rate determined for the facility, in the lead up to an election, but not during the Election

Period. To avoid a perception that Council facilities are being used to promote any candidacy, no

promotional material related to the event/hired use, apart from directional signage, is able to be

displayed in the common public areas of the facility being hired. This will be advised at time of

booking.

Candidates wishing to conduct Electioneering activities in public spaces (for example, a stall at a

shopping strip or park) must apply for a permit, in accordance with Council’s local laws and

procedures.

No other promotional material, including signage, posters, flyers or banners, for any political candidacy

is permitted on Council land or in its facilities at any time. It is an offence under Council’s local laws to

display this material on Council land, and penalties apply. The Brimbank Planning Scheme sets out

the requirements relating to display of candidacy information on private land in the City of Brimbank.

Page 46

6.7

Councillors will have access to the resources necessary to fulfil their elected roles, in accordance with

the Code.

Council resources, including (but not limited to) iPads, laptops, iPhones, Councillor offices, vehicles,

hospitality, equipment, email, mobile phones and stationary, must be used exclusively for usual

Councillor duties during the Election Period and must not be used in connection with any election

campaign or issue.

No Council officers will undertake any tasks connected directly or indirectly with a Candidate’s election

campaign.

6.7.1

Councillors may use the title Councillor in their Electoral Material, as they continue to hold office

during the Election Period.

While a Councillor can refer to themselves as Councillor in all communications issued by the

Councillor (verbal or written), it must be made clear that the communication express the position of a

Candidate and not a position of Council.

6.7.2

Photographs and images paid for by Council, taken by Council officers, or taken by contractors

engaged by Council for that purpose are not to be used in Electoral Material by or for any Candidate,

regardless of the content of the photographs and images.

Photographs taken by Councillors and their family and friends, and professional photographs that

Councillors have directly commissioned and paid for may be used in Electoral Material. This includes

photographs taken on a Councillor’s Council-issued device.

6.7.3

No Council branding, logo or letterhead can be used for, or linked in any way to, a Candidate’s

election campaign.

Use of Council logos, branding and stationery – hardcopy or electronic – is permitted for normal

Council business only.

6.7.4

Reimbursements of Councillor support expenses will be in accordance with the Councillor Support

Major Policy 2020 and the Code, as amended from time to time. Reimbursements during the Election

Period will only apply to costs that have been incurred in the performance of normal Council duties,

and not for expenses that could be perceived as supporting or being connected with a Candidate's

election campaign. In the case of claims that cover a combination of Council and electoral business,

the Chief Executive Officer may approve a partial reimbursement to cover Council activities.

6.7.5

General correspondence addressed to Councillors will be answered in a usual manner. However,

Councillors will only sign the necessary minimum correspondence during the Election Period, and

correspondence relating to significant, sensitive or controversial matters will be referred to the Chief

Executive Officer.

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Councillor Code of Conduct

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Councillor Support Major Policy 2020

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Employee Code of Conduct

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Brimbank Planning Scheme

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Reforms Arising From the Local Government Amendment (Improved Governance) Act 2015

– A Guide for Councils by Local Government Victoria