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Conduct During Election Period Policy 2023

1.

Purpose

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.

2.

Scope

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 40 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.

3.

Definition of terms being used

Candidate

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

Code

means the Councillor Code of Conduct 2021.

Electioneering

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.

Election Period

, also known as the

caretaker period

, means the 40-day statutory time period prior to

the date of the general Municipal Election.

Electoral Material

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

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Electoral Matter

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.

Municipal Election

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

Act.

Prohibited Decision

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.

Prospective Candidate

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

municipal election.

Public Consultation

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.

Returning Officer

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

conduct the election.

4.

Responsibility

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.

5.

Legislation

This policy is made in accordance with the Act.

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5.1

Legislative Context

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.

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.

Policy

6.1

Policy Statement

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

Candidacy

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

Municipal Elections

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.

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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.

6.3

Council Decisions

6.3.1

Council Decisions and Meetings

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

Caretaker Statement

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

Considerations for Officers with Delegated Authority

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

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

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

Access to Council Information

6.4.1

Request for Council Information

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.

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

Request for Information Register

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.

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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

Council Media, Digital Communications, and Publications

6.5.1

Publications during an Election Period

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.

6.5.2

Council Spokesperson

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

Annual Report

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.

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6.5.4

Council Websites (including Brimbank Buzz) and Social Media sites

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

Internal Publications/Intranet

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

Councillor-Issued Communications

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

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

Council Consultation and Events

6.6.1

Public Meetings and Events

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.

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6.6.2

Speeches For External Events

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

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/Halls for Hire

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.

6.7

Use of Council Resources

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

Use of the Title ‘Councillor’

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.

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6.7.2

Photographs and Images

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

Council Branding and Stationary

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

Support Expense Reimbursement

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

Councillor Correspondence

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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Related Documents









Councillor Code of Conduct



Councillor Support Major Policy 2020



Employee Code of Conduct



Brimbank Planning Scheme



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

A Guide for Councils by Local Government Victoria