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12.8

Governance Policies Review

12.8

Governance Policies Review

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Councillor Code of Conduct Consultation draft August

2024 [

12.8.1

- 38 pages]

2. Councillor Gifts Benefits and Hospitality Policy

Consultation draft August 2024 [

12.8.2

- 19 pages]

3. Live Streaming of Council Meetings Policy Consultation

draft August 2024 [

12.8.3

- 18 pages]

4. Public Transparency Policy Consultation draft August

2024 [

12.8.4

- 16 pages]

5. Councillor Support Policy Consultation draft August 2024

[

12.8.5

- 35 pages]

6. Governance Policies Review - Consultation Participation

Overview [

12.8.6

- 5 pages]

7. Governance Policies Review - Community Engagement

Submissions [

12.8.7

- 2 pages]

Purpose

For Council to consider adopting the final draft Councillor Code of Conduct; Councillor

Gifts, Benefits and Hospitality Policy; Live Streaming of Council Meetings Policy; Public

Transparency Policy; and Councillor Support Policy.

Officer Recommendation

That Council:

a. Having considered submissions received on the draft

;

;

, at Attachments 1-5 to this report (the revised policies),

adopts the final drafts of the revised policies, at Attachments 1-5 to this

report.

b. Revokes the C

and

noting no submissions were

received on these.

c. Writes to submitters thanking them for their submissions on the draft

revised policies and advising of Council’s decision.

Background

Councillors must comply with a range of policies and associated documents (governance

policies). Some governance policies are mandatory under the

; others are not mandated but support good governance. Broadly,

Council’s governance policies serve the important purpose of guiding Councillor conduct

and supporting integrity and legislative compliance.

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The governance policies outlined in this report have been reviewed in line with Council’s

commitment to maintain up to date policies and strategic documents. The aims for this

the review were to:



Move all Councillor policies over to updated standard policy template.



Update any remaining outdated content.



Ensure policies are current and up to date.



Remove duplication of content across Councillor policies and protocols.



Revoke Councillor policies that duplicate other council policies (e.g. Councillor

Transparency Policy duplicates Public Transparency Policy).



Ensure no relevant content is lost when consolidating documents.

The governance policies updated in this report also incorporate recommendations for

strengthening policies from the IBAC report from Operation Sandon, which was an

investigation of serious corrupt conduct within the City of Casey.

At the Council meeting on 18 June 2024 a range of recently reviewed Governance

policies were endorsed for community consultation.

Matters for Consideration

Five policies have been reviewed and community consultation has occurred over a four

week period. These are the revised

;

;

and the

Three policies were reviewed and are recommended to be revoked because they

duplicate existing content and/or their content can be transferred to other policies. These

are the

and

The Councillor Portfolio Policy and Terms of Reference were reviewed and will be revoked

at the end of the Council term.

The Brimbank Governance [Major Policy Consultation] Local Law 3 was sunsetted on its

10th anniversary on 17 July 2024. With the introduction of the Community Engagement

Policy this year, this Local Law was not required and has since lapsed.

Community Engagement

Community consultation occurred via the 'Your Say Brimbank' website between 20 June

2024 until 19 July 2024. An overview of the Your Say Brimbank consultation

participation is at

Attachment 6

.

Council received 177 visits to the community consultation website page and 7

submissions of feedback in relation to the revised policies. Out of the seven written

submissions received in relation to the proposed policy documents, only three provided

feedback directly relation to the documents being considered. The other four

submissions related to feedback of a general nature. All submissions are available at

Attachment 7

.

The feedback received that relate to the documents in question is summarised as

follows:

Feedback

Response

Code of Conduct

Section 3.2: Councillors should provide All details of Councillors can be found on

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quarterly reports to their Ward including

contact details.

Council’s website.

Complaints and enquires that relate to

services provided by Council’s

administration are recorded in Council’s

corporate system and responded to in

accordance with Council’s customer

service charter.

With regard to when Councillors respond

to their constituents is a matter for

Councillors individually and this process

falls outside the Code of Conduct.

Section 4: Prohibited content should

include 'electoral misrepresentation,

fraud, or abuse'.

These topics are covered in section 4 of

the Code of Conduct.

Council also has a separate document for

Conduct During Elections and Conflict of

Interest as part of Council’s Governance

Rules.

Fraud is also contained in other

documents such as the Public

Transparency Policy, Fraud and Corruption

Control Framework and the Act sets

certain obligations also on Councillors.

Section 4.1: Add penalties for

participating in binding caucus votes.

There is no capacity for penalties to be

added.

Section 6.2: Include “or harassment

online or in the community”.

Ensure penalties for councillors who

induce or encourage such behaviours.

Sufficiently covered in the Standards of

Conduct as per the

The

(the Act)

establishes a councillor conduct

framework that provides a clear hierarchy

for the management of councillor conduct

issues.

Section 6.3: Update [interactions with

Members of parliament] monthly and

make available for public viewing on the

BCC website.

Interactions with MPs report monthly in

Council’s Governance reports, which are

publicly available as part of Council

Meeting minutes.

Section 6.6: Councillors should undergo

regular Child Safe Training and hold a

current WWC.

All Councillors are required to hold a WWC

check and undergo child safe training.

No consequences for rule breaches or

poor representation. No minimum

standards for attending meetings,

responding to residents, or engaging with

The Act sets out consequences should

Councillors not adhere to their obligations.

Section 35(1) of the Act sets out specific

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the public. Overlooks exclusion based on

political beliefs.

attendance requirements with respect to

Councillor’s attendance to meetings.

Gifts and Benefits

Ensure the Councillor Gift Register is

updated monthly and all councillors

disclose gifts regularly.

Gift disclosure already a requirement of

the policy and the

Council maintains a register for all

gifts, benefits and hospitality declared by

Councillors updated upon receipt.

Live Streaming of Council Meetings Policy

Section 1.1: Add provisions to

accommodate and ensure compliance with

disabilities, including displaying public

questions on screen during meetings for

transparency and community inclusivity.

Public questions and answers are read out

during the Council meeting and are also

written in Council’s publicly accessible

Council Meeting minutes.

After consideration of the feedback received, there are no recommended changes to be

made to the reviewed policies.

Resource And Risk Implications

There are no resource implications resulting from this report.

Community:

Failure to keep our governance policies up to date can signal a lack of care

and attention to our governance obligations and erode public trust.

Regulatory:

Failure to update governance policies can result in key guidance material

about our governance obligations not being clear, current and lawful.

There are no Environmental, Financial or Safety risks identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strive to enhance services and

liveability for the Brimbank community.

This report complies with Council’s Policy Management Framework, Community

Engagement Policy 2021, and

requirements.

Council officers contributing to the preparation and approval of this report have no

conflicts of interests to declare.

Councillor Code Of Conduct 

1

August

2024

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Attachment 12.8.1

Council respectfully acknowledges and recognises Wurundjeri and Bunurong peoples as

the Traditional Custodians of this land and pays respect to their Elders past, present and

future.

Council acknowledges the legal responsibility to comply with the Charter of Human Rights

and Responsibilities Act 2006 and the Equal Opportunity Act 2010. The Charter of Human

Rights and Responsibilities Act 2006 is designed to protect the fundamental rights and

freedoms of citizens.

The Charter gives legal protection to 20 fundamental human rights under four key values

that include freedom, respect, equality and dignity.

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Attachment 12.8.1

Councillor Code Of Conduct 

3

1.1 Councillor’s important contribution to achieving Council’s values ............................... 5

1.2 Legislative framework ......................................................................................... 5

1.3 Councillors commitment ...................................................................................... 5

1.4 Purpose of this Code ........................................................................................... 5

2.1 Role of Council ................................................................................................... 6

2.2 Role of Councillors .............................................................................................. 6

2.3 Role of the Deputy Mayor .................................................................................... 6

2.4 Role of the Mayor ............................................................................................... 7

2.5 Role of the CEO .................................................................................................. 7

2.6 Role of the Councillor Conduct Officer .................................................................... 8

2.7 Role of the Principal Councillor Conduct Registrar .................................................... 8

3.1 Treatment of others ............................................................................................ 9

3.2 Performing the role of Councillor........................................................................... 9

3.3 Compliance with good governance measures ........................................................ 10

3.4 Councillor must not discredit or mislead Council or public ....................................... 10

3.5 Standards do not limit robust political debate ....................................................... 10

4.1 Binding Caucus votes ........................................................................................ 10

4.2 Misuse of position ............................................................................................. 11

4.3 Directing a member of Council staff .................................................................... 11

4.4 Confidential information .................................................................................... 11

5.1 Disclosure of conflicts of interest ........................................................................ 13

5.2 Personal responsibility ...................................................................................... 13

6.1 Conduct based on race and religion ..................................................................... 14

6.2 Conduct considered bullying ............................................................................... 14

6.3 Interactions with Members of Parliament ............................................................. 14

6.4 Meeting with planning permit applicants .............................................................. 14

6.5 Fitness for duties .............................................................................................. 15

6.6 Interacting with children .................................................................................... 15

7.1 Overarching Governance Principles ..................................................................... 15

7.2 Council decision-making .................................................................................... 15

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Attachment 12.8.1

7.3 Use of Council resources ................................................................................... 16

7.4 Gifts and benefits ............................................................................................. 16

7.5 External communications ................................................................................... 16

7.6 Personal dealings with Council ............................................................................ 17

7.7 Occupational health and safety ........................................................................... 17

7.8 Elections ......................................................................................................... 17

8.1 Representation Overview ................................................................................... 17

Table 1 – Spokesperson or Representative Tiers ............................................................ 17

8.2 Representation Protocol .................................................................................... 18

8.3 Chief Executive Officer representation ................................................................. 19

8.4 Media Enquiries ................................................................................................ 19

8.5 Photo opportunities .......................................................................................... 20

8.6 Generating media ............................................................................................. 20

8.7 Communications and Community Engagement Department support to Councillors ..... 20

8.8 Social Media Use by Councillors .......................................................................... 20

8.9 Representing Council at Civil Events, Functions and Delegations .............................. 22

8.10 Mayoral robe and chain ....................................................................................... 25

9.1 Informal discussions between Councillors ............................................................. 25

9.2 Facilitated discussion ........................................................................................ 25

10.1 The application ................................................................................................ 26

10.2 Process on receiving an application ..................................................................... 26

10.3 Responsibility of Councillors ............................................................................... 30

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Attachment 12.8.1

Councillor Code Of Conduct 

5

The Councillor's Code of Conduct outlines the principles and guidelines that govern the work of

Councillors. By adhering to this code, Councillors play a vital role in upholding Council's core values.

Our commitment to being respectful, finding better ways, acting with integrity, and working

together forms the foundation of our collective efforts to serve the community and ensure effective

governance. Councillors contribute to Council’s values by treating others with respect, seeking

innovative solutions, acting with integrity, and collaborating with others to achieve our goals.

(the Act) requires a council to develop and maintain a Councillor

Code of Conduct. The Councillor Code of Conduct is required to be periodically reviewed. This

Councillor Code of Conduct (Code) has been adopted by Council to comply with the requirements of

the Act.

A Councillor Code of Conduct:



Must include the Standards of Conduct prescribed by the

(the Regulations) expected to be observed by Councillors.



Must include any provisions prescribed by the Regulations.





May include any other matters which Council considers appropriate, other than any other

Standards of Conduct.

The Standards of Conduct with which Councillors are required to comply are specified in Schedule 1

to the Regulations.

Misconduct by a Councillor is defined in the Act as any breach by a Councillor of the standards of

conduct. Misconduct may be pursued in accordance with the processes set out in this Code.

Councillors commit to the principles of good governance, working together in the best interests of

the people within the municipality and to discharging responsibilities to the best of their skill and

judgment.

The purpose of this Code is to set out the Standards of Conduct that Councillors must comply with

to:



Foster good working relationships between Councillors to enable Councillors to work

constructively together in the best interests of the municipal community.



Lift the standard of behaviour of Councillors during Council meetings, Councillor Briefings and

any other meetings which Councillors participate in from time to time.



Establish benchmarks for Councillor conduct designed to build public confidence in the

integrity of local government.

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Attachment 12.8.1

Councillor Code Of Conduct        

6

The role of Council is to provide good governance in its municipal district for the benefit and

wellbeing of the municipal community (see section 8 of the Act). Council provides good governance

if:



It 

performs its role in accordance with the Overarching Governance Principles in section 9 of

the Act.



The Councillors perform their roles in accordance with section 28 of the Act.

In performing its role, Council may:



Perform any duties or functions and exercise any powers conferred on it under the Act or any

other Act.



Perform any other functions that it considers are necessary to enable that performance.

Good governance is fundamental to Council being able to perform its role. Good governance

relies on, among other things, good working relationships between Councillors.

Section 28 of the Act provides that the role of a Councillor is:



To participate in the decision-making of Council.



To represent the interests of the municipal community in that decision-making.



To contribute to the strategic direction of Council through the development and review of key

strategic documents of the

C

ouncil, including the Council Plan.

In performing the role of a Councillor, a Councillor must:



Consider the diversity of interests and needs of the municipal community.



Support the role of Council.



Acknowledge and support the role of the Mayor.



Act lawfully and in accordance with the oath or affirmation of office.



Act in accordance with the Standards of Conduct.



Comply with Council procedures required for good governance.

Councillors may represent the Mayor at functions and meetings where the Mayor and Deputy Mayor

are unavailable. Allocation of representation roles will be made by the Mayor

The role of a Councillor expressly excludes the performance of any responsibilities or functions of the

Chief Executive Officer (CEO).

The Deputy Mayor has a leadership and representational role in conjunction with the Mayor. Due to

the large number of Mayoral engagements and commitments, the Deputy Mayor is expected to

assist in representing the Mayor at various functions and meetings.

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Attachment 12.8.1

Councillor Code Of Conduct 

7

In line with Council resolution, the Deputy Mayor will assume the role of Acting Mayor during periods

of absence of the Mayor, or at the request of the Mayor.

Section 18 of the Act provides that the role of the Mayor is to:



Chair Council meetings.



Be the principal spokesperson for Council.



Lead engagement with the municipal community on the development of the Council Plan.



Report to the municipal community, at least once each year, on the implementation of the

Council Plan.



Promote behaviour among Councillors that meets the Standards of Conduct set out in the

Councillor Code of Conduct.



Assist Councillors to understand their role.



Take a leadership role in ensuring the regular review of the performance of the CEO.



Provide advice to the CEO when the CEO is setting the agenda for Council meetings.



Perform civic and ceremonial duties on behalf of Council.

Section 46 of the Act sets out the functions of the CEO, which include:



Supporting the Mayor and the Councillors in the performance of their roles.



Ensuring the effective and efficient management of the day-to-day operations of the Council.



Ensuring Council decisions are implemented without undue delay.



Developing, adopting and disseminating a Staff Code of Conduct.



Providing timely advice to Council.



Ensuring that Council receives timely and reliable advice about its legal obligations.



Supporting the Mayor in the performance of the Mayor's role.



Setting the agenda for Council meetings after consulting the Mayor.



When requested by the Mayor, reporting to Council in respect of the implementation of a

Council decision.



Carrying out Council’s obligations as an employer with respect to Councillors as deemed

employees under the workplace health and safety legislation.



Establishing and maintaining an organisational structure for Council.



Being responsible for all staffing matters, including appointing, directing, managing and

dismissing members of Council staff.



Managing interactions between members of Council staff and Councillors and ensuring that

policies, practices and protocols that support arrangements for interaction between Council

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Attachment 12.8.1

Councillor Code Of Conduct        

8

staff and Councillors.



Developing and maintaining a workforce plan.

The CEO will determine the extent to which Councillors will be informed of decisions made in pursuit

of these functions. Councillors acknowledge that any information provided by the CEO is provided as

a courtesy and in pursuit of maintaining good working relationships.

Councillors accept that they must not seek to direct the CEO with respect to the fulfilment of these

functions.

It is neither the role nor the responsibility of the CEO to mediate disagreements arising between

Councillors, or to draft, or otherwise assist in the drafting of, an application under this Code or the

Act.

The CEO will from time to time appoint a member of Council staff as the Councillor Conduct Officer

under section 150 of the Act. The Councillor Conduct Officer must:



Assist Council in the implementation and conduct of the internal arbitration process.



Assist the Principal Councillor Conduct Registrar to perform his or her functions.



Assist the Principal Councillor Conduct Registrar in relation to any request for information.

It is neither the role nor the responsibility of the Councillor Conduct Officer to draft, or to otherwise

assist in the drafting of, an application under this Code or the Act.

The Principal Councillor Conduct Registrar is appointed by the Secretary Department of Jobs,

Precincts and Regions undersection 148 of the Act and is employed by the State Government under

Part 3 of the

.

The functions of the Principal Councillor Conduct Registrar are outlined in section 149 of the Act and

include (in summary):



Receiving and appointing arbiters for internal arbitration processes.



Publishing guidelines for the arbitration process.



Providing advice to arbiters and publishing arbiters' decisions and reasons.



Setting fees for arbiters and Councillor Conduct Panels.



Forming Councillor Conduct Panels.



Providing advice to panel members.



Keeping copies of panel documents.



Complying with document requests from the Chief Municipal Inspector or VCAT, and

requesting information from Councils.

The Principal Councillor Conduct Registrar also has the power to do everything necessary for the

performance of their functions under the Act.

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Attachment 12.8.1

Councillor Code Of Conduct 

9

The Standards of Conduct to be observed by Councillors are set out in the Regulations. Failure to

comply with the Standards of Conduct constitutes ‘misconduct’ for the purposes of the Act. If

allegations of misconduct cannot be resolved between Councillors informally, they will be referred to

the internal arbitration process, which may result in the imposition of sanctions.

A Councillor must, in performing the role of a Councillor, treat other Councillors, members of Council

staff, the municipal community and members of the public with dignity, fairness, objectivity,

courtesy and respect, including by ensuring that the Councillor:

a)

takes positive action to eliminate discrimination, sexual harassment and victimisation in

accordance with the Equal Opportunity Act 2010 ; and

b)

supports the Council in fulfilling its obligation to achieve and promote gender equality; and

c)

does not engage in abusive, obscene or threatening behaviour in their dealings with

members of the public, Council staff and Councillors; and

d)

in considering the diversity of interests and needs of the municipal community, treats all

persons with respect and has due regard for their opinions, beliefs, rights and

responsibilities.

Discrimination can be direct of indirect.

Direct discrimination occurs if a person treats another person with a protected attribute

unfavourably because of that

protected attribute.

Some examples of direct discrimination are:

•

Not offering computer training to an older Councillor because of their age and a view

that they will not be

involved in Council for much longer.

•

Excluding a Councillor from participation on a Committee because of a protected

attribute, for example, their

religious belief or age.

Indirect discrimination occurs if a person imposes a requirement, condition or practice that

disadvantages a person

with a protected attribute and that requirement, condition or

practice is not reasonable.

Some examples of indirect discrimination are:

•

Holding a Council team building event at a sporting venue that does not permit

access or participation by a Councillor with a disability.

•

Making it a requirement that Councillors be members of a political party in order to be a

member of a committee.

Unlawful discrimination can occur even if a Councillor does not

intend to discriminate.

A Councillor must, in performing the role of a Councillor, do everything reasonably necessary to

ensure that the Councillor performs the role of a Councillor effectively and responsibly, including by

ensuring that the Councillor:



Undertakes any training or professional development activities that Council decides it is

necessary for all Councillors to undertake to effectively perform the role of a Councillor.

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Attachment 12.8.1

Councillor Code Of Conduct        

10



Diligently uses Council processes to become informed about matters which are subject to

Council decisions.



Is fit to conscientiously perform the role of a Councillor when acting in that capacity or

purporting to act in that capacity.



Represents the interests of the municipal community in performing the role of a Councillor by

considering and being responsive to the diversity of interests and needs of the municipal

community.

A Councillor, in performing the role of a Councillor, to ensure the good governance of Council, must

diligently and properly comply with the following:



Any policy, practice or protocol developed and implemented by the CEO in accordance with

section 46 of the Act for managing interactions between members of Council staff and

Councillors.



The Council expenses policy adopted and maintained by Council under section 41 of the Act.



The Governance Rules developed, adopted and kept in force by Council under section 60 of

the Act.



Any directions of the Minister for Local Government issued under section 175 of the Act

(governance directions).

In performing the role of a Councillor, a Councillor must:

•

Ensure that their behaviour does not bring discredit upon Council.

•

Not deliberately mislead Council or the public about any matter related to the performance of

their public duties.

Councillors acknowledge that nothing in the Standards of Conduct is intended to limit, restrict or

detract from robust public debate in a democracy. So, while Councillors must always meet these

Standards of Conduct, participation in vigorous debate of matters before Council for decision

should not be viewed as being inconsistent with them.

In addition to observing the Standards of Conduct, Councillors acknowledge that the Act prohibits

them from engaging in certain conduct and that doing so constitutes a criminal offence. This

conduct relates to:

•

Misuse of position.

•

Improper direction and improper influence.

•

Confidential information.

•

Conflict of interest.

•

Electoral conduct.

A binding caucus vote is a process whereby a group of Councillors are compelled by a threat of

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Attachment 12.8.1

Councillor Code Of Conduct 

11

disciplinary or other adverse action to comply with a predetermined position on a matter before

the Council, irrespective of the personal views of individual members of the group on the merits of

the matter before the Council.

Nevertheless, Councillors are not prohibited from discussing a matter before the Council prior to

considering the matter in question at a Council meeting, or from voluntarily holding a shared view

with other Councillors on the merits of a matter.

However Councillors must not participate in binding caucus votes in relation to matters to be

considered at a Council meeting.

A Councillor must not misuse his or her position:

•

To gain or attempt to gain, directly or indirectly, an advantage for themselves or for any

other person.

•

To cause, or attempt to cause, detriment to Council or another person.

Circumstances involving the misuse of position by a Councillor include, but are not limited to:

•

Making improper use of information acquired as a result of the Councillor’s position (current

and past).

•

Disclosing information that is confidential information.

•

Directing, or improperly influencing or seeking to direct or improperly influence, a member

of Council staff.

•

Exercising or performing, or purporting to exercise of perform, a power, duty or function

that the Councillor is not authorised to exercise or perform.

•

Using public funds or resources in a manner that is improper or unauthorised.

•

Participating in a decision on a matter in which the Councillor has a conflict of interest.

A Councillor must not intentionally direct, or seek to direct, a member of Council staff

•

In the exercise of a delegated power, or the performance of a delegated duty or function of

Council.

•

In the exercise of a power or the performance of a duty or function exercised or performed

by the staff member as an authorised officer under the Act or any other Act.

•

In the exercise of a power or the performance of a duty or function the staff member

exercises or performs in an office or position the staff member holds under the Act or

another Act.

•

In relation to advice provided to Council or a delegated committee, including advice in a

report to Council or delegated committee.

A Councillor must not intentionally or recklessly disclose information that the he or she knows, or

should reasonably know, is confidential information.

For the purposes of the Act ‘confidential information’ means the following information:

•

Council business information, being information that would prejudice the Council's position

in commercial negotiations if prematurely released.

•

Security information, being information that if released is likely to endanger the security of

Council property or the safety of any person.

•

Land use planning information, being information that if prematurely released is likely to

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Attachment 12.8.1

Councillor Code Of Conduct        

12

encourage speculation in land values.

•

Law enforcement information, being information which if released would be reasonably

likely to prejudice the investigation into an alleged breach of the law or the fair trial or

hearing of any person.

•

Legal privileged information, being information to which legal professional privilege or client

legal privilege applies.

•

Personal information, being information which if released would result in the unreasonable

disclosure of information about any person or their personal affairs.

•

Private commercial information, being information provided by a business, commercial or

financial undertaking that:

—

Relates to trade secrets.

—

If released, would unreasonably expose the business, commercial or financial

undertaking to disadvantage.

•

Confidential meeting information, being the records of meetings closed to the public under

the Act.

•

Internal arbitration information, being information specified in section 145 of the Act.

•

Councillor Conduct Panel confidential information, being information specified in section 169

of the Act.

•

Information prescribed by regulations to be confidential information for the purposes of the

Act.

•

Information that was confidential information for the purposes of section 77 of the Local

Government Act 1989.

A Councillor may disclose information that would be considered ‘confidential information’ if the

information that is disclosed is information that Council has determined should be publicly

available.

Otherwise, a Councillor may disclose information that the he or she knows is confidential

information in the following circumstances:

•

For the purposes of any legal proceedings arising out of the Act.

•

To a court or tribunal in the course of legal proceedings.

•

Pursuant to an order of a court or tribunal.

•

In the course of an internal arbitration and for the purposes of the internal arbitration

process.

•

In the course of a Councillor Conduct Panel hearing and for the purposes of the hearing.

•

To a Municipal Monitor to the extent reasonably required by the Municipal Monitor.

•

To the Chief Municipal Inspector to the extent reasonably required by the Chief Municipal

Inspector.

•

To a Commission of Inquiry to the extent reasonably required by the Commission of

Inquiry.

•

To the extent reasonably required for any other law enforcement purposes.

Councillors acknowledge that they will have access to confidential information in many forms and

that it will not always be labelled as being ‘confidential’. Councillors will take reasonable steps to

inform themselves about the confidential nature of any Council information before discussing it

outside the organisation.

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If a Councillor has a conflict of interest in a matter which is to be considered or discussed at a

meeting of Council or a delegated committee, a meeting of a community asset committee, or any

other meeting held under the auspices of Council, the Councillor must, if he or she is attending the

meeting, disclose the conflict of interest in accordance with the Governance Rules (unless any of

the exemptions apply) and exclude themselves from the decision making process in relation to the

matter

A Councillor may have a ‘general’ or a ‘material’ conflict of interest in a matter being considered at

a meeting.

A Councillor has a ‘general’ conflict of interest in a matter if an impartial, fair-minded person would

consider that the Councillor’s private interests could result in the Councillor acting in a manner that

is contrary to their public duty.

For the purposes of general conflict of interest:

•

‘private interests’ means any direct or indirect interest of a Councillor that does not derive

from their public duty and does not include an interest that is only a matter of personal

opinion or belief.

•

‘public duty’ means the responsibilities and obligations that a Councillor has to members of

the public in their role as a relevant person.

A Councillor has a ‘material’ conflict of interest in respect of a matter if an affected person would

gain a benefit or suffer a loss depending on the outcome of the matter.

The benefit may arise or the loss incurred:

•

directly or indirectly; or

•

in a pecuniary or non-pecuniary form.

For the purposes of a material conflict of interest, any of the following is an ‘affected person’:

•

The Councillor.

•

A family member of the Councillor.

•

A body corporate of which the Councillor or their spouse or domestic partner is a Director or

a member of the governing body.

•

An employer of the Councillor, unless the employer is a public body.

•

A business partner of the Councillor.

•

A person for whom the Councillor is a consultant, contractor or agent.

•

A benefit under a trust or an object of a discretionary trust of which the Councillor is a

trustee.

•

A person from whom the Councillor has received a disclosable gift (i.e. exceeding $500 in

value).

Councillors acknowledge that they must be clear about their associations with parties external to

Council and to avoid conflict between those associations and their role as Councillors.

It is the personal legal obligation of every Councillor to form her or his own view as to whether a

conflict of interest exists, and to disclose any such conflict. Councillors are able to seek their own

independent legal advice in relation to any of their conflict of interest matters. Council will not be

liable for any legal costs incurred by a Councillor who seeks independent legal advice about

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whether they have a conflict.

The process for disclosing a conflict of interest is contained in Chapter 5 of the Brimbank

Governance Rules – Disclosure of Conflicts of Interest

Councillors acknowledge that, while these matters are not Standards of Conduct they undertake to

comply with them.

In the case of non-compliance, these matters could be the subject of an application to a Councillor

Conduct Panel made by the Chief Municipal Inspector, or of a complaint to the Local Government

Inspectorate, the Independent Broad-based Anti-corruption Commission or Victoria Police,

depending on the nature of the allegation.

Councillors agree:

Not to engage in conduct that incites hatred against, serious contempt for, or revulsion or

severe ridicule of, a person or group of persons on the basis of their race or religious belief.

Serious racial or religious vilification involves a threat to harm another person or their

property and is a criminal offence.

Not to participate in unreasonable behaviour that may be considered bullying, such as

repeated:



Verbal abuse, insults or name-calling



Personal attacks, threats, intimidation



Deliberate exclusion or isolation



Deliberately withholding information from someone where that information is essential to

their ability to perform their work effectively.



Any form of bullying that occurs online.

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



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

Councillor, to/by a Member of Parliament (or their staff or a candidate in a State or Federal

Government election) by completing an Interaction with Member of Parliament form.



Advise the Member of Parliament (or their staff or candidate) that the representation, and

topics discussed, will be publicly reported to Council.

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

Council Meeting.

When planning to discuss a planning permit application or amendment with an applicant, property

owner, or their representative, it is mandatory to complete the Informal Planning Meeting Record.

This helps document all interactions. All such meetings must be recorded in the Informal Planning

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Meeting Record. Moreover, the Chief Executive Officer must make sure that a record of the

meeting is reported to the next available Council Meeting.

Councillors will promptly inform the Mayor/CEO of any physical or psychological concerns that may

affect their ability to perform their role and will also consider taking a leave of absence, if necessary,

to prioritise well-being. The Mayor may also suggest a leave of absence if they have concerns about

a Councillor’s health.

Council is committed to protecting children and young people from harm and adheres to the

Victorian Child Safe Standards and related legislation. Councillors will maintain professional conduct,

support child safety, and take necessary steps to protect children to fulfill the obligations imposed by

the Victorian Child Safe Standards.

Nothing in this part of the Code is intended to impose a binding Standard of Conduct on

Councillors. These matters are expressed as operating in addition to the Standards of Conduct.

Further, nothing in this part of the Code is intended to modify or derogate from the Standards of

Conduct.

This part of the Code sets out conduct that the Councillors agree will contribute to the good

governance, integrity and responsible operation of Council.

Councillors will support the role of Council by ensuring that Council gives effect to the overarching

governance principles when participating in Council’s decision-making functions.

The overarching governance principles are set out in section 9(2) of the Act and are as follows:



Council decisions are to be made and actions taken in accordance with the relevant law.



Priority is to be given to achieving the best outcomes for the municipal community, including

future generations.



The economic, social and environmental sustainability of the municipal district, including

mitigation and planning for climate change risks, is to be promoted.



The municipal community is to be engaged in strategic planning and strategic decision making.



Innovation and continuous improvement is to be pursued.



Collaboration with other councils and governments and statutory bodies is to be sought.



The ongoing financial viability of Council is to be ensured.



Regional, state and national plans and policies are to be taken into account in strategic

planning and decision making.



The transparency of Council decisions, actions and information is to be ensured.

Councillors are committed to ensuring a high level of transparency in Council’s decisions and

Council’s decision-making processes. Councillors acknowledge that Council decisions cannot be

made other than by resolutions made at properly constituted Council meetings following fulsome

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public debate in the Council Chamber. While Councillors will engage in informal discussion of

matters coming before Council for decision, they acknowledge that these informal discussion are

not decision-making forums, and that a final position on such matters cannot be reached before

the Council meeting.

Councillors acknowledge the role that reports prepared by members of Council staff provide

professional advice which assists in informing Councillors about matters before Council for

decision. Councillors will pay respect and attention to the information provided by members of

Council staff to assist Council’s decision-making functions.

Councillors commit to using Council resources effectively, economically and only for proper

purposes connected with their role as a Councillor, consistent with relevant Council policies and

procedures.

In particular, Councillors will:

•

Maintain adequate security over Council property, facilities and resources provided by

Council to assist in performing their role.

•

Comply with any legislation and Council policies and procedures applying to the use of

Council property, facilities and resources provided by Council to assist in performing their

role.

•

Not use Council resources, including the services of members of Council staff, for private

purposes, unless authorised to do so, and paying for those resources where required to do

so.

•

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

Councillors will avoid situations giving rise to the appearance that a person or body, through the

provision of gifts, benefit or hospitality of any kind, is attempting to gain favorable treatment from

an individual Councillor or from Council.

Councillors will take all reasonable steps to ensure that their immediate family members do not

receive gifts or benefits that give rise to the appearance of an attempt to gain favourable

treatment.

Councillors will only accept gifts that exceed the gift disclosure threshold (at the time of this review

it is $500 or a higher amount or value prescribed by the Regulations) if:

•

the name and address of the person making the gift are known to them; or

•

at the time when the gift is made, they reasonably believe that the name and address

provided are the true name and address of the person making the gift.

Anonymous gifts that exceed the gift disclosure threshold will be disposed of to Council within

thirty (30) days of receiving the gift.

Councillors will comply with the Councillor Gifts, Benefits and Hospitality Policy, and any other

policies and procedures however termed, adopted by Council from time to time relevant to the

acceptance of gifts.

Councillors recognise that, as representatives of the local community, they have a primary

responsibility to be responsive to community views and to adequately communicate the position

and decisions of Council.

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Councillors are committed to respecting the function of the Mayor as the spokesperson of Council

in accordance with the Act.

Councillors undertake to comply with Council’s Media and Spokesperson P

rotocol

and any

other relevant policies, as adopted from time to time, including recognition of and respect

for the:

•

Role of the Mayor as the principal spokesperson of Council, including in communications

with the media on behalf of Council.

•

Role of the CEO in communicating with the media on behalf of Council with respect to

matters of an operational nature.

•

Practice of directing media enquiries to Council’s Communications Team at first instance.

Councillors acknowledge that individual Councillors are entitled to express their personal opinions

through the media. In doing so, Councillors will make it clear that such comment is their personal

view and does not represent the position of Council.

Councillors will ensure that such comments avoid being derogatory, offensive or insulting of

Council, Councillors, members of Council staff, members of the community and others and are

factually accurate.

When Councillors deal with Council in their private capacity (e.g. as a ratepayer, recipient of a

Council service or applicant for a permit), they will not expect or request preferential treatment in

relation to any such private matter. Councillors will avoid any action that could lead members of

Council staff or members of the community to believe that they are seeking preferential treatment.

Councillors acknowledge that meeting Council’s obligations as an employer under the

by, among other things, providing a safe workplace for members of

Council staff and visitors to Council premises is essential.

Councillors are committed to working in ways that protect and promote the health and safety of

members of Council staff and visitors to Council premises and to minimise risks to them.

Councillors may nominate as candidates in elections at all levels of government. If nominating as a

candidate in an election, or assisting in the campaign of a candidate in an election, Councillors

commit to not using their position as a Councillor for purposes associated with their campaign, or

the campaign of any other candidate.

Opportunities for the Mayor, Deputy Mayor and Councillors to represent the City will arise through

a range of mechanisms including advocacy, media activity, event attendance and contribution to

external publications.

The hierarchy for determining the appropriate Council spokesperson or representative, is at Table

1.

Tier

Spokesperson Or Representative

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1

Mayor / Deputy Mayor

2

Appropriate Representative (Advisory Committee representative)

3

Ward Councillors, operating on a rotational basis

Where requested by a community group/organisation, and as appropriate, Councillors with

culturally and linguistically diverse backgrounds may be invited by the Mayor to speak in their

community language at an event, in addition to the nominated Councillor spokesperson (Table 1).

The following protocols outline the processes by which opportunities will be progressed and allocated.

As a general rule, when making an allocation, the key message or subject matter associated with an

opportunity will dictate which Advisory Committee it falls within.

Where there is potential Advisory Committee overlap, an opportunity will be referred to relevant

Advisory Committee representative for a decision. If no agreement can be reached, or if the Mayor is

unable to be contacted within deadline, or where the decision of the Communications

and Community

Engagement

team or the Councillor Support Team is (or is likely to be) disputed, the Director People,

Partnerships and Performance shall be the referral point and final decision maker.

The following protocol acknowledges the Mayor is the principal spokesperson for the Council and

that exceptions will only be made as specified below or on the basis of the professional judgement

of the Communications, Community Engagement Department (Media Team).

In particular, the Mayor is the official media spokesperson on behalf of Council, where Council has

an official position on the matter and where the matter is of a political, controversial, sensitive or

emergency nature.

These include:



Issues relating to the strategic direction of Council and Brimbank City Council



Issues relating to policy and Council decisions



State-wide or Federal political issues affecting local government



Local issues that impact the community that do not relate directly to Council services and

functions



Announcements or commentary relating to premier events, major projects or key

c

ommunity infrastructure being undertaken by Brimbank City Counc

il

If the Mayor is unavailable as spokesperson or has a conflict of interest in relation to the matter, the

Deputy Mayor will become the primary spokesperson. If the Deputy Mayor is not unavailable or has a

conflict of interest in relation to the matter, the appropriate Advisory Committee representative will

be approached to be the primary spokesperson. On occasion and at the discretion of the CEO or

delegate, the tier process may be supplanted by a decision to nominate a particular Councillor as

spokesperson on the basis of newsworthiness, an acknowledged association with the issue or other

factors. An example may be in a case where a conflict of interest prevents the Mayor from being a

spokesperson, in which case the appropriate Councillor member of an Advisory Committee may

supersede the Deputy Mayor. In such cases, approval to deviate from the standard protocol would be

sought from the Mayor.

See Table 1 above for further information on Spokesperson tiers.

A Councillor acting as an authorised spokesperson in line with this protocol has a responsibility to

represent Council position in relation to a matter. If that Councillor wishes to express a personal

view which differs from an adopted position, they are obliged to identify that the opinion or view is

their own, and does not represent the position of Council; nor should that view be expressed in the

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context of a spokesperson opportunity facilitated by Brimbank City Council.

The Chief Executive Officer is the official spokesperson for all operational matters relating to

Brimbank City Council, including:



Staffing and structure of the organisation



Corporate issues relating to service provision or the day-to-day business of Council.

The Chief Executive Officer may delegate their media authority to a Council Officer.

Council Officers delegated to make statements to the media or authorise the issue of media

releases are:



Chief Executive Officer



Directors



Manager Media & Communications

For the purposes of this section, approaches from the media are categorised into three types:



Where the media contacts a Councillor directly (type A)



Where the media contacts Brimbank City Council requesting a comment specifically from

the Mayor or an individual Councillor (type B)



Where the media contacts Brimbank City Council requesting general comment or

information without specifying the preferred respondent (type C).

All media enquiries, whether received by the Mayor, other Councillors or Council officers, should be

directed to the Media Team. Media enquiries should be treated as a priority, with requests passed

onto the Media Team as soon as is practicable after receipt, and conducted in accordance with this

policy.

The Media Team will deal with media inquiries and the delegation of media enquiries/comment in

accordance with this policy. It will provide appropriate advice on how to respond to media enquiries

and draft official comments.

Where the media contacts the Mayor or a Councillor directly (type A), they should make no comment

on behalf of Council, advise the media that the Media Team will make contact, and inform the Media

Team as soon as practicable.

Where the media contacts Brimbank City Council requesting a comment from, or an interview with,

the Mayor or a particular Councillor (type B), the Media Team will determine who should be

spokesperson, advise the appropriate media outlet and act accordingly (either through providing an

approved written response such as a media statement or quote, or producing materials such as FAQs

in preparation for an interview with spokesperson).

Where the media contacts Brimbank City Council requesting a response from an unspecified

spokesperson or is otherwise seeking a comment from Brimbank City Council (type C), the Media

Team will establish the most appropriate spokesperson according to the order of priorities specified in

Table 1 such that if and when the first priority for a spokesperson is reasonably determined by the

Media Team to be unavailable or otherwise declines to be the spokesperson, the second priority for

spokesperson will be approached, and so on.

Table 1 only applies to situations which are not related to operational matters. In operational

matters, the spokesperson will be the CEO or a Council official delegated to act as spokesperson by

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the CEO.

Table 1 also assumes two circumstances in which a graduation to the next tier would occur:



Unavailability of the Mayor or appropriate Councillor



A conflict of interest where it is inappropriate for the Mayor or appropriate Councillor to

speak on the issue



On occasion and at the discretion of the CEO or delegate, the tier process may be

supplanted by a decision to nominate a particular Councillor as spokesperson on the basis

of newsworthiness, an acknowledged association with the issue or other factors.

An example may be in a case where a conflict of interest prevents the Mayor from being a

spokesperson, in which case the appropriate Advisory Committee representative may supersede the

Deputy Mayor. In such cases, approval from the standard protocol would be sought from the Mayor.

Where the request from media is for a photo opportunity, the same protocols and tiered approach

will apply. Only the Mayor can participate in a formal, scheduled photo opportunity with media

except for reasons of unavailability or conflict of interest.

At the discretion of the CEO or appropriate Council Officer (Director, Manager Media &

Communications), other Councillors may participate in a photo opportunity as well, subject to the

Mayor’s approval, including for cultural publications.

It is acknowledged that photo opportunities at events will often be of an informal and unscheduled

nature in which participation by multiple Councillors will be inevitable and encouraged. The

protocol above applies only to scheduled photo opportunities as requested by media.

Media Releases will be proactivity issued by the Brimbank City Council on a regular basis to assist

media and community understanding of a Council position in relation to any matter. In creating

and issuing Media Releases, the following protocol will apply:



The Media Team will determine who is to be quoted, in accordance with Table 1.



The Media Team will determine key quotes in consultation with the appropriate Directorate and

then seek approval from the Mayor and/or any Councillor being quoted.



The Media Team will circulate final copies of all Media Releases to all Councillors.

If a Councillor wishes to express a personal view to media which differs from an adopted position,

they are not acting as the authorised spokesperson on Council matters or positions as described in

this protocol, and therefore the Media Team’s resources are not available to them.

The Media Team aims to ensure that all Councillors are kept informed and updated on media issues

relating to Brimbank City Council. In doing so, a Brimbank Council Media Report will be issued each

week, and other ad hoc updates will be provided as extraordinary circumstances require.

A member of the Media Team will generally accompany the Mayor or other Councillor, if required,

when interviews or photo opportunities are being conducted.

Opportunities to contribute to publications produced by external sources (e.g. articles) will entail

preparation of appropriate content by the Media Team under the byline of the Mayor or, if

appropriate, the relevant spokesperson as indicated in Table 1.

Social media provides opportunities for dynamic and interactive two-way communication between

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21

Councillors and their constituents. Social media is not considered any different from existing

personal communications (e.g., email, letter, face to face conversation) that Councillors engage in.

Brimbank City Council acknowledges that Councillors will have and manage their own social media

accounts. These communications activities do not require approval from Council officers. However,

the following broad principles will apply to personal social media use:



Councillors must not represent their views and opinions on personal social media accounts

as being the official views of Brimbank City Council, unless in accordance with agreed and

published Council policy.



Councillors should not use personal social media accounts to comment on Council matters

which are confidential in nature.



Councillors should not use personal social media accounts to publicly dispute or rebuke the

views of other Councillors or Council Officers.



Councillors should not use personal social media accounts to indicate their disagreement

with agreed and published Council policy.

Where Councillors publish social media content in a personal capacity from personal accounts that

makes reference to Brimbank City Council, its staff, policies or services, its suppliers or other

stakeholders, or any Council-related issues, that content will be considered to be bound by the

requirements of Brimbank City Council in regard to social media use.

In such instances, the following content is not permitted under any circumstances nor limited to:



Abusive, profane or sexual language



Content not relating to the subject matter of that blog, board, forum or site.



Content which is false or misleading



Confidential information about Council or third parties



Copyright or trademark protected materials.



Discriminatory material in relation to a person or group based on age, colour, creed,

disability, family status, gender, nationality, marital status, parental status, political

opinion/affiliation, pregnancy or potential pregnancy, race or social origin, religious

beliefs/activity, responsibilities, sex or sexual orientation



Illegal material or materials designed to encourage law breaking



Materials that could compromise Council, employee or system safety



Materials which would breach applicable laws (defamation, privacy, trade practices, rules

and regulations, fair use, trademarks)



Material that would offend contemporary standards of taste and decency



Material which would bring the Council into disrepute



Personal details or references to Council staff or third parties which may breach privacy

laws



Spam, meaning the distribution of unsolicited bulk electronic messages



Statements which may be considered to be bullying or harassment.

For the purposes of this policy, social media encompasses but is not limited to the following digital

spaces where people may comment, contribute, create, forward, post, upload and share content:



Websites



Emails



Blogs



Bulletin boards

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

Citizen journalism and news sites



Forums and discussion boards



Instant messaging facilities



Micro blogging sites (e.g. Threads, X)



Online encyclopedias (e.g. Wikipedia)



Podcasts



Social networking sites (e.g. Facebook, Instagram, WeChat, TikTok, LinkedIn)



Video and photo sharing sites (e.g. Flickr, YouTube)



Wikis

Any other websites that allow individuals to use simple publishing tools or new technologies

emerging from the digital environment.

As the personal views of Councillors are usually likely to be associated by external audiences with

the views of Council, Councillors will be held to a high degree of responsibility in regards to

personal use of social media.

Council social media sites that have been set up by Council officers are considered official channels

of Council, and current conventions applied to existing communications channels apply. These

conventions include the Mayor being the nominated spokesperson of Council, except where the

tiered approach in Table 1 is utilised.

As chief representative and spokesperson for Council, the Mayor is given first opportunity to

formally represent Council at functions and events organised, partnered or sponsored by Brimbank

City Council.

An event organised by Council is one that is a designated Brimbank City Council event – e.g. the

opening of a facility, a policy announcement, a cultural or community event.

An event partnered by Council would usually be one that has been instigated by a State of Federal

Government Department or Minister’s office for the purpose of a joint media announcement or one

with particular relevance to Brimbank City Council.

An event sponsored by Council is one with Brimbank City Council funding or in-kind support

towards the staging of an event or function. This does include funding provided through the

purchase of tickets or seating at events and functions once the event has been announced and

promoted.

For functions and events organised, partnered or sponsored by Brimbank City Council where the

Mayor is unavailable, the invitation is first forwarded to the Deputy Mayor, then the relevant

Portfolio Champion if the Deputy Mayor is also unavailable, then via the same tiered process

outlined in Table 1.

On occasion and at the discretion of the CEO, the tier process may be supplanted by a decision to

nominate a particular Councillor as an event representative on the basis of newsworthiness, an

acknowledged association with the event or other factors. In such cases the Mayor’s approval

would be sought.

All civic events commitments are placed in the appropriate representative’s diary by Councillor

Support, which then submits a speech request to the Communications and Community Engagement

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Department.

A speech request is required, in normal circumstances, six weeks prior to the event taking place.

Additional time will be required if translations are needed.

Speechwriting support is only offered for events where the Mayor has accepted to speak.

If a Councillor attending an event in their official role is invited to speak ad hoc at the event, they are

able to do so, but must inform the Mayor and Manager Governance and Risk afterwards.

Speechwriting support is not able to be provided for Councillors who wish to speak at functions

outside of their official role as a Brimbank City Council representative.

A distinction is made, for the purposes of Council organised, partnered and sponsored events,

between the Mayor or a Councillor providing formal representation, and another individual serving

as the Master of Ceremonies (MC) for the event.

An MC may be the CEO, a Council officer (e.g. a Director) or a non-Council individual serving in the

role for reasons of professional experience and appropriateness (e.g. a professional entertainer or

speaker at a cultural event). The role of the MC will include introducing the Mayor or relevant

Councillor to conduct their ceremonial role and/or provide a speech. The role of MC is not intended

to supplant any of the formal or ceremonial aspects of a Mayor or Councillor, nor would it be

represented as such.

All Councillors formally attending an event where Council’s participation includes the preparation of

a Running Sheet should familiarize themselves with that Running Sheet prior to the event and be

familiar with:



The protocols that will apply at the event



The restrictions that may apply on participation in photo opportunities – i.e. an event

partnered with the State Government may require that only the Mayor participate in a

photo or video opportunity with the relevant Minister



The formal or ceremonial roles that Councillors may be requested to play.

As the chief representative of Council, the Mayor will be approached by stakeholders to participate

in events, functions and activities important and relevant to Brimbank. Such requests will be

considered by Councillor Support in the fi instance.

Councillor Support will liaise with the appropriate Directorate to assess the importance and

relevance of the event, and the appropriateness of formal Council attendance, participation and

contributions (e.g. speech or ceremonial role). It will be at the discretion of the appropriate

Director, with reference to the CEO as appropriate, to determine if Council should play such a role.

If the nature of the event suggests it may be valuable to have Brimbank City Council participation

and the Mayor is unavailable, the event organiser will be approached by Councillor Support

regarding representation by another Councillor. If the event organiser agrees, the opportunity will

be referred to the Deputy Mayor in the first instance. If unavailable, the opportunity will be offered

to other Councillors via the same tiered process outlined in Table 1.

The Deputy Mayor and Councillors will receive invitations in an individual capacity to represent

Council. These may be received in acknowledgement of portfolio or cultural responsibilities or in

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response to established relationships with city stakeholders.

If the event is one in which the Councillor would not be formally representing Council, but

attending on the basis of personal relationships with stakeholders or within the community, there

would be no formal Council involvement or contribution. The Councillor should not represent

themselves as attending or participating in the event on behalf of Brimbank City Council.

If the event is one in which the Councillor would be formally representing Council, Councillors will

forward the details to Councillor Support, which will liaise with the appropriate Directorate to

assess the importance and relevance of the event.

If a Councillor receives an invitation to a cultural or specific interest event, they will send the

invitation to Councillor Support. Councillor Support will liaise with the appropriate Directorate to

assess the relevance of the event, and appropriateness of formal Council attendance.

Councillor Support will provide all invitations to the Mayor for their assessment and/or approval, in

accordance with the Councillor Support Policy requirements. If approved, Councillor Support will

advise the Councillor. If not approved, the Mayor will discuss their decision with Councillor directly.

If the event is deemed appropriate for that Councillor’s attendance and contribution (e.g. speech),

Councillor Support will confirm the commitment with the event organiser on behalf of the

Councillor. If the opportunity is transferable, Councillors should consider referring the invitation to

the relevant Portfolio Councillor.

Where an external source approaches Council directly with a view to seeking representation by a

Councillor, Councillor Support will first liaise with the appropriate Directorate to assess the

importance and relevance of the event. If it is deemed suitable, the Mayor will first be approached.

If the Mayor declines the invitation and an alternative Councillor is considered acceptable to the

organising body, the opportunity will be offered to other Councillors via the same tiered process

outlined in Table 1.

In representing Council at events, functions and delegations, Councillors may require support in

the form of speech notes, presentations and background information. This support shall be

arranged through Councillor Support, who will forward the relevant requests to the

Communications Team.

As the organiser or sponsor of a number of key cultural, community, business and sporting events

in Brimbank, there will be ticketing opportunities for Councillors, the administration and

stakeholders.

It is important to have a transparent and accountable system of allocation of tickets. The process

supporting allocation allows Council to use tickets in a strategic way to maximise the profit and

relationship opportunities for Brimbank City Council and shall be guided by the following principles:



The need to ensure Council is appropriately represented at all sponsored and organised

events



That City representation involves participation of Councillors and senior Council officers



That where limited tickets are available in the proposed allocation to Councillors, priority

shall be given to the Mayor, Deputy Mayor and relevant Portfolio Champion



Ticketing should be used for the primary purpose of further developing and enhancing

Council relationships with stakeholders, and so Council officer representation may also

occur



Allocated tickets should be used. Unused tickets represent a loss in profit and stakeholder

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relationship opportunities

All other event attendance and ticketing in relation to procuring a ‘table’ for Council will be dealt

with in accordance with the Councillor Support Policy.

Councillors approached for Council support or funding for events and activities must first raise the

matter with the relevant Director for consideration in accordance with Council policy and guidelines

under specific programs and projects. These policies and guidelines ensure that assessment

processes are fair, transparent and accountable.

The Mayoral robe and chain signify the office of the Mayor. The Mayor may choose to wear one or

both at official functions of the Council. The Mayor will act as custodian of the robe and chain, and

liaise with Councillor Support to make any necessary security arrangements.

Given its significant value, the chain is only able to be worn at functions held at the Brimbank

Council Offices, Citizenship ceremonies, school visits, or where appropriate security measures are

in place.

Councillors acknowledge that interpersonal differences and disputes (as distinct from allegations of

contravention of the Standards of Conduct) may arise from time to time. Councillors commit to

taking reasonable steps to resolve any interpersonal difference or dispute that arises without

recourse to formal processes with a view to maintaining effective working relationships.

In resolving interpersonal differences or disputes, Councillors will consider pursuing informal steps,

including 7.1 and 7.2.

Councillors will first consider discussing their interpersonal difference or dispute informally with a

view to resolving it.

If Councillors are unable to discuss their interpersonal difference or dispute informally, or their

informal discussions are unsuccessful, they will consider approaching a fellow Councillor, chosen

with the agreement of both Councillors, to facilitate a discussion with a view to resolving their

interpersonal difference or dispute.

If the interpersonal difference or dispute cannot be resolved informally, the Councillors will

consider whether any of the conduct giving rise to it constitutes a contravention of the Standards

of Conduct. If they consider that it does, they may choose to pursue it as such under part 8 of this

Code.

An allegation that this Code has been breached by a Councillor can be made by:

•

Council, by resolution.

•

a Councillor.

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•

a group of Councillors.

Where an allegation is made by Council or by a group of Councillors, a single Councillor must be

nominated to act as the representative of Council or the group of Councillors (as the case may be)

in the internal resolution process. Only that Councillor will be entitled to participate in the internal

resolution process.

When an allegation of a breach of this Code is alleged, the Councillors who are party to the

allegation undertake to use their best endeavours to resolve it in a courteous and respectful

manner without recourse to formal processes under this Code or under the Act. If, after these

endeavours have been exhausted, the allegation remains unresolved, either or both of the

Councillors may have recourse to any or all of the internal resolution processes set out in this

Code.

Councillors accept the following three-phase internal resolution process:



Formal discussion between the Councillors, facilitated by the Mayor or, if the Mayor is

involved in the allegation, the Deputy Mayor or, if both the Mayor and the Deputy Mayor

are involved in the allegation, the most recent past Mayor.



Formal mediation between the Councillors, facilitated by a qualified mediator.



Formal internal arbitration process.

Councillors recognise that the first and second phases are voluntary and that they are not obliged

to agree to either of them but will endeavour to resolve allegations without resorting to the

mandatory internal arbitration process.

An application alleging a breach of this Code must:

include the:

a)

name of the Councillor(s) alleged to have committed the breach;

b)

clause(s) of the Code alleged to have breached;

c)

particular misconduct, or behaviour, that the Councillor(s) is/are alleged to have

engaged in that resulted in the breach; and

d)

phase of the internal resolution process being pursued by the Councillor making the

allegation at the first instance; and

be submitted to the Councillor Conduct Officer for:

a) action, if the application seeks engagement in the first or second phase of the internal

resolution process; or

b)

referral to the Principal Councillor Conduct Registrar, if the application seeks a formal

internal arbitration process.

If an application received by the Councillor Conduct Officer does not meet the requirements of

this Part 10.1, the Councillor Conduct Officer will return it to the Councillor submitting it with a

brief statement of the ways in which the application is deficient.

A Councillor may revise and resubmit to the Councillor Conduct Officer a deficient application,

provided that the Councillor submits the revised application no later than 3 months after the

alleged breach of the Standards of Conduct occurred (see s 143(3) of the Act).

On receiving an application from a Councillor which meets the requirements of Part 9.1 of this

Code and which seeks a facilitated discussion, the Councillor Conduct Officer will take the

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following steps:

a)

notify Mayor or, if the Mayor is involved in the allegation, the Deputy Mayor or, if both

the Mayor and the Deputy Mayor are involved in the allegation, the most recent past

Mayor (as the case may be) and the CEO (for the CEO’s information only) and provide

them with a copy of the application;

b)

notify the Councillor(s) the subject of allegation in the application and provide them with

a copy of the application;

c)

request the Councillor(s) the subject of the application to advise whether they will

participate in the facilitated discussion within 5 days of receiving the application, noting

that, if no advice is received, the Councillor(s) will be taken to have declined;

d)

if the Councillor(s) agree/s to participate in the facilitated discussion:

i.

the Councillor Conduct Officer will, with the cooperation of the Councillors involved

in the application and the Mayor or, if the Mayor is involved in the application, the

Deputy Mayor or, if both the Mayor and the Deputy Mayor are involved in the

application, the most recent past Mayor (as the case may be), arrange a suitable

time and place for the facilitated discussion, to be no later than 5 days from the

date of the advice provided under paragraph (c);

ii.

the facilitated discussion must be completed with the Mayor or, if the Mayor is

involved in the application, the Deputy Mayor or, if both the Mayor and the

Deputy Mayor are involved in the application, the most recent past Mayor (as the

case may be) providing a record of the outcome to the Councillors involved in the

application and the CEO no later than 5 days after the discussion takes place; and

iii.

if the facilitated discussion is not complete within 5 days of the date nominated for

it to take place, the Councillors will be taken as not having agreed to participate in

a facilitated discussion, unless both Councillors agree to extend the time for

completion;

e)

if the facilitated discussion is not completed in accordance with this Part 9.2.1 for

whatever reason, or if the facilitated discussion does not resolve the allegation the

subjection of the application, the Councillor Conduct Officer will advise the:

i.

Councillor making the application and ask the Councillor(s) to advise whether they

wish to escalate the matter to another phase of the internal resolution process

and, if so, which phase;

ii.

Councillor the subject of the application; and

iii.

CEO; and

f)

the Councillor Conduct Officer will make arrangements to close or to escalate the

application, as the case may be, according to the advice of the Councillor making the

application.

On receiving an application from a Councillor which meets the requirements of Part 9.1 of this

Code and which seeks a mediation, or on escalating an application where a facilitated discussion

has not been completed or has not resolved the allegation, the Councillor Conduct Officer will

take the following steps:

a)

notify the CEO and provide them with a copy of the application;

b)

notify the Councillor(s) the subject of allegation in the application and provide them with

a copy of the application;

c)

request the Councillor(s) the subject of the application to advise whether they will

participate in mediation within 5 days of receiving the application, noting that, if no

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advice is received, the Councillor(s) will be taken to have declined;

d)

if the Councillor(s) agree/s to participate in mediation:

i.

the CEO, or a member of Council staff nominated by the CEO for the purpose (the

CEO’s nominee), will engage a mediator, to be chosen by the CEO (or the CEO’s

nominee);

ii.

the CEO (or the CEO’s nominee) will, with the cooperation of the Councillors

involved in the application, arrange a suitable time and place for the mediation, to

be no later than 5 business days from the date of the advice provided under

paragraph (c); and

iii.

if the mediation is not complete within 5 business days of the date nominated for

it to take place, the Councillors will be taken as not having agreed to participate in

the mediation, unless both Councillors agree to extend the time for completion;

e)

if the mediation resolves the application, the mediator will document the agreement

reached by the Councillors involved and provide a copy of the agreement to both

Councillors and to the CEO;

f)

if the mediation is not completed in accordance with this Part 9.2.2 for whatever reason,

the CEO (or the CEO’s nominee) will advise the:

i.

Councillor making the application and ask the Councillor(s) to advise whether they

wish to escalate the matter to another phase of the internal resolution process

and, if so, which phase; and

ii.

Councillor(s) the subject of the application; and

g)

the CEO (or the CEO’s nominee) will ask the Councillor Conduct Officer to make

arrangements to close or to escalate the application, according to the advice of the

Councillor making the application.

Misconduct by a Councillor is defined in the Act as any breach by a Councillor of the standards of

conduct. A breach may be referred to an arbiter for determination. The process for internal

arbitration is prescribed by Part 6 of the Act and r 11 of the Regulations.

Internal arbitration may be commenced either after the first two phases of the internal

resolution process prove unsuccessful in resolving the allegation, or as the first step in an

application.

On receiving an application from a Councillor which meets the requirements of Part 9.1 of this

Code and which seeks an internal arbitration process, or on escalating an application where a

facilitated discussion and/or mediation has not been completed or has not resolved the

allegation, the Councillor Conduct Officer will:

a)

refer the application to the Principal Councillor Conduct Registrar;

b)

notify the Councillors involved in the application of the referral;

c)

notify the CEO of the referral (for the CEO’s information only);

d)

await advice from the Principal Councillor Conduct Registrar about the application; and

e)

take such steps as are necessary to give effect to the Principal Councillor Conduct

Registrar’s advice, in accordance with any instructions received.

Councillors recognise that an application for internal arbitration for an allegation of a breach of

the Standards of Conduct will only be accepted by the Principal Councillor Conduct Registrar, and

an arbiter will only be appointed, if the Principal Councillor Conduct Registrar is satisfied that:

f)

the application is not frivolous, vexatious, misconceived or lacking in substance; and

g)

there is sufficient evidence to support an allegation of a breach of the Councillor Code of

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Conduct.

It is for the Councillor or Councillors submitting an application to ensure that the application

meets these requirements.

If the Principal Councillor Conduct Registrar is satisfied that an application for internal arbitration

should be accepted, the Principal Councillor Conduct Registrar will appoint an arbiter from a

panel list compiled by the Secretary to the Department of Jobs, Precincts and Regions.

In conducting an arbitration the arbiter must:

h)

ensure that the parties involved are given an opportunity to be heard;

i)

ensure that a Councillor who is a party does not have a right to representation, unless

the arbiter considers that representation is necessary to ensure that the process is

conducted fairly;

j)

conduct the hearing with as little formality and technicality as the proper consideration of

the matter permits; and

k)

ensure that the hearing is not open to the public. Additionally, in conducting an

arbitration the arbiter:

i.

may hear each party to the matter in person or solely by written or electronic

means of communication;

ii.

is not bound by the rules of evidence and may be informed in any manner the

arbiter sees fit;

iii.

may at any time discontinue the hearing if the arbiter considers that the:

‐

application is vexatious, misconceived, frivolous or lacking in substance; or

‐

Councillor making the application, or representing the group of Councillors

making the application, has not responded, or has responded inadequately, to

a request for further information.

If, at the completion of the internal arbitration process, the arbiter determines that a Councillor

has breached the Standards of Conduct, the arbiter may make a finding of misconduct against

the Councillor and impose any one or more of the following sanctions:

l)

direct the Councillor to make an apology;

m)

suspend the Councillor from the office of Councillor for a period specified by the arbiter

(not exceeding one month);

n)

direct that the Councillor be removed from any position where the Councillor represents

Council for a period determined by the arbiter;

o)

direct that the Councillor is removed from being the chair of a delegated committee for a

period determined by the arbiter; and/or

p)

direct a Councillor to attend or undergo training or counselling specified by the arbiter.

The arbiter must provide a written copy of the arbiter's final and statement of reasons to:

q)

Council;

r)

the applicant(s) and the respondent; and

s)

the Principal Councillor Conduct Registrar.

A copy of the arbiter's decision and statement of reasons must be tabled at the next Council

meeting after the arbiter’s final and statement of reasons are provided. If the arbiter's decision

and statement of reasons contain any confidential information, the confidential information must

be redacted before it is tabled.

Councillors recognise that a failure to participate in and comply with the internal arbitration

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process or a direction given to the Councillor by an arbiter is ‘serious misconduct’ for the

purposes of the Act. Allegations of ‘serious misconduct’ are heard by a Councillor Conduct Panel.

It is the responsibility of a Councillor or Councillors submitting an application to prepare the

application, including by identifying and collating the evidence which supports it.

While members of Council staff may provide some administrative support, that support will not

extend to assisting Councillors with the preparation of the substance of an application.

This Code was adopted by a resolution of Council made at the Council meeting held on [_______]

with a majority of at least two thirds of all Councillors voting in favour of it.

This Code may be reviewed at any time during the Council term.

Council may from time to time decide that additional documents should be part of this Code.

Documents Incorporated by Reference may be added or removed by Council resolution.

Councillors will comply with the policies and protocols included as documents incorporated into this

Code by reference.

A breach of a document incorporated by Reference may constitute a breach of this Code.





Conduct During Elections Policy



Child Safety and Wellbeing Policy



Councillor Support Policy



Fraud and Corruption Control and Framework



Brimbank Governance Rules



Information Privacy and Health Records Policy



Councillor Gift

, Benefit and Hospitality Policy



Racial and Religious Tolerance Act 2001



Public Transparency Policy

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31

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C

Adopted as Major Policy

Local Government Act 1989

Amendment

19 April 2016 February 2017

D

Local Government Act 1989

requirement (new Council)

14 February

2017

October 2017

E

Councillor Conduct Panel Direction 16 April 2019 September 2019

F

Status as a Major Policy

New policy structure

February 2020 February 2021

G

Review

5 February 2024 February 2026

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34

Section 9(1) of the

(Act) requires Council to give effect

to the overarching governance

principles, in the performance of its role. Section

9(2) of the Act specifies the governance principles as follows:

a)

Council decisions are to be made and actions taken in accordance with

the relevant law (Compliance with the law);

b)

Priority is to be given to achieving the best outcomes for the

municipal community, including future

generations (Achieve best

outcomes for the community);

c)

The economic, social and environmental sustainability of the municipal

district, including mitigation and

planning for climate change risks, is to

be promoted (Promote the sustainability of the municipality);

d)

The municipal community is to be engaged in strategic planning and

strategic decision making (Engage the

community in strategic planning and

decision making);

e)

Innovation and continuous improvement is to be pursued (Strive for

innovation and continuous

improvement);

f)

Collaboration with other Councils and Governments and statutory bodies is

to be sought (Collaborate with

all other levels of government and government

agencies);

g)

The ongoing financial viability of the Council is to be ensured (Secure

the ongoing financial

viability of

Council);

h)

Regional, state and national plans and policies are to be taken into to

account in strategic planning and

decision making (Strategic planning and

decision making must take into account plans and policies in

operation at all

levels);

i)

The transparency of Council decisions, actions and information is to be

ensured (Council decisions, actions

and information must be transparent).

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In developing the Councillor Code of Conduct (“the Code”), Council has considered and

given effect to the overarching governance

principles, as summarised below:

(a) Compliance with the

law

All relevant legal requirements have been considered in

developing the Code. In particular, and without

limitation, the Code complies with the requirements in

Part 6 of the Act, the public transparency principles at

section 58 of the Act, and the

.

The Code meets the requirements prescribed in section

139(3) and adopted through a formal resolution of

the Council in accordance with section 139(5) of the

.

(b)

Achieve best

outcomes for

the

community

The Code ensures ethical behavior and accountability

among Councillors. Setting clear standards and

expectations promotes transparency and fairness and

leads to optimal outcomes for the community

(c) Promote the

sustainability

of the

municipality

By adhering to this Code of Conduct, Councillors

contribute to responsible governance, which in turn

supports the overall sustainability and well-being of the

municipality.

(d)

Engage the

community

in

strategic planning

and

decision making

In developing the Code Council undertook a community

consultation process, in accordance with Council’s

Community Engagement Policy. Council will ensure that

the community are consulted in the review of the Code

in accordance with the Community Engagement

Principles in section 56 of the Act and Council’s

Community Engagement Policy.

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36

(e) Strive for innovation

and

continuous

improvement

Council will review the Code on a no less than biennial

basis and pursue innovation and continuous

improvement during every review.

(f)

Collaborate with all

other levels of

government and

government

agencies

In developing the Code Council considered the

Councillor conduct framework arbitration process

outlined www.localgovernment.vic.gov.au and Codes

developed by other Victorian Councils

(g)

Secure the ongoing

financial viability of

Council

Not directly applicable for this Code.

(h) Strategic planning and

decision making must

take

into account

plans and

policies in

operation

Not directly applicable for this Code.

(i)

Council decisions,

actions

and

information must be

transparent

The Councillor Code of Conduct promotes transparency

and ethical behavior by setting guidelines to prevent

conflicts of interest, ensure accountability, and prioritise

the community's best interests. The Code also sets out

clear and transparent processes for investigation of

breaches of standards of conduct.

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37

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Attachment 12.8.1

Councillor Gifts, Benefits and Hospitality Policy 

1 

August

2024

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

2 

Council respectfully acknowledges and recognises Wurundjeri and Bunurong peoples as the

Traditional Custodians of this land and pays respect to their Elders past, present and future.

Council acknowledges the legal responsibility to comply with the Charter of Human Rights

and Responsibilities Act 2006 and the Equal Opportunity Act 2010. The Charter of Human

Rights and Responsibilities Act 2006 is designed to protect the fundamental rights and

freedoms of citizens.

The Charter gives legal protection to 20 fundamental human rights under four key values

that include freedom, respect, equality and dignity.

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

3 

2.1 This policy covers

4

2.2 This policy applies to

4

2.3 This policy does not cover

4

5.1 Councillors are to comply with the General Obligations of this Policy:

7

5.2 Declaration of Offers of Gifts, Benefits, and Hospitality

8

5.3 Civic Gifts

9

5.4 Ceremonial Gifts

10

5.5 Anonymous gifts

11

5.6 Conflicts of Interest

11

6.1 Councillors

11

6.2 Executive Management Team / Audit and Risk Committee / Council 11

6.3 Governance

11

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4 

This policy is based on principles of integrity, good governance, transparency and accountability and

seeks to minimise improper practices and potential conflicts of interest.

The purpose of this policy is to:



Specify the general obligations for Councillors who are offered Gifts, Benefits, and Hospitality

in their role as Councillors, in order to assist Councillors to demonstrate their fair and

impartial conduct, and avoid conflicts of interest and/or perceptions of conflicts of interest



State the requirements and processes to be followed by Councillors when declaring offers of

Gifts, Benefits, and Hospitality



State the requirements in relation to the retention and disposal of Gifts by Councillors



Specify instances when the giving or receiving of civic Gifts is appropriate



Specify instances when the giving or receiving of ceremonial Gifts is appropriate



Outline Council’s accountability and reporting framework in relation to the reporting of offers

of Gifts, Benefits and Hospitality, and the maintenance of the Gifts Register



Give effect to the

, and the

Standards of Conduct contained in the Regulations



Give effect to the Public Transparency Principles in accordance with section 58 of the

.

Any circumstance where Councillors are offered or receive Gifts, Benefits, and Hospitality or

give

Civic and Ceremonial Gifts

in their role as Councillors.

The Mayor, Deputy Mayor and Councillors of Brimbank City Council (Council).

Offers or receipt of Gifts, Benefits, and Hospitality or by Council Staff. These circumstances are

covered in the Employee Gift, Benefit and Hospitality Policy 2023.

For the purposes of this policy, Council adopts the following definitions:

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

5 

A gift given by an unknown donor. *It is an offence for a Councillor

to receive an Anonymous Gift that has a value of or more than the

Gift Disclosure Threshold. A breach of these provisions could result in

a maximum penalty of 60 penalty units and a requirement to pay

the Council an amount equal to the value of the Gift. A Councillor is

not in breach of this clause if the Anonymous Gift is disposed of to

the Council within 30 days.

Any advantage or profit (whether monetary or otherwise) gained by

a person.

Money or other inducement to procure an action, decision or

preferential treatment. Bribery of a public official is a criminal

offence.

The personal interests return that a Councillor submits to the Chief

Executive Officer in accordance with section 134 of the

and Regulation 9 of the

on a biannual basis.

The form containing the details at Appendix A, made available to

Councillors in digital form via the Councillor Portal for the purposes of

declaring any relevant gift, benefit or hospitality.

An offer of a form of Gift, Benefit or Hospitality that:



Has a clear Benefit to the City of Brimbank and its

community.



Relates directly to the role of Council or a Councillor of

Brimbank (under the

).



Has a clear link to achieving Council’s key commitments

under the current Council Plan.



Contributes to the development and skills of a Councillor, to

perform their duties and responsibilities.



Supports the role of a Portfolio Councillor/Representative in

developing their knowledge and advocating for Portfolio

issues.



Is unlikely to create the impression an attempt is being made

to compromise the impartiality of the Councillor in relation to

their decision-making (including planning applications,

tenders, policy positions, community fund, budget process

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

6 

etc.).

One or more Gifts with a total value of, or more than, $500 received

from a person in the 5 years preceding the decision on the matter:

a)

if the relevant person held the office of Councillor, was a member

of Council staff or was a member of a delegated committee at the

time the Gift was received; or

b)

if the Gift was, or Gifts were, or will be, required to be disclosed

as an election campaign donation— but does not include the

value of any Reasonable Hospitality received by the relevant

person at an event or function that the relevant person attended

in an official capacity as a Councillor, member of Council staff or

member of a delegated committee.

A Gift means any disposition of property otherwise than by will made

by a person to another person without consideration in money or

money's worth or with inadequate consideration, including—

a)

the provision of a service (other than volunteer labour); and

b)

the payment of an amount in respect of a guarantee; and

c)

the making of a payment or contribution at a fundraising

function.

A Gift received by a Councillor from Brimbank City Council is not

covered by this Policy, and does not need to be declared. For

example, a Civic Gift provided by Brimbank City Council to a Mayor

or Councillor at the end of a term does not need to be declared.

The Gift Disclosure Threshold as defined in section 3(1) of the Local

Government Act 2020.

*At the time of this review it is $500 or a higher amount or value

prescribed by the Regulations.

Any item or service (e.g. food, drink, transportation or

accommodation) provided by a party that is to be consumed at a

function (e.g. networking function, conference, speaking

engagement), and includes the provision of services associated with

the function (e.g. travel).

Hospitality does not include items that you or Council have paid for

(e.g., tickets to the event, official conference dinner).

Hospitality that:



Is received by a Councillor at an event or function, where the

Councillor was attending the event or function for an official

purpose that is related to their duties as a Councillor and in

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

7 

their official capacity as a Councillor; and



Is reasonable in the circumstances. That is, the Hospitality is

of a standard and type that an independent observer would

consider appropriate and not excessive, in the circumstances.

Examples of Reasonable Hospitality include:



A cup of coffee at another organisation’s premises;



a modest working lunch, such as sandwiches and pastries, at

another organisation’s premises.

The following are examples of hospitality that are not Reasonable

Hospitality, and Councillors are to disclose:



a ‘fine dining and wines’ working meal at another

organisation’s premises;



an offer to pay for a working meal at a dining establishment;



an offer of a free spot at an industry golf day;



where the Hospitality is provided at event or function, the

offer of the ticket to the event or function; or



functions where alcohol is served.

A Token Gift is a gift that is of very low monetary value. The

combined total of offers to a Councillor from that source in the last

12 months must not exceed $50.

Council’s goals for Brimbank are to be an inclusive, liveable and prosperous community and to be an

innovative and responsive Council that puts our ‘Community First’.

The Local Government Act 2020 (Act) requires Council to adopt a Councillor Gift Policy within

regulated timeframes. This policy is also required to comply with the Public Transparency Principles

in the Act, and the Brimbank City Council Public Transparency Policy.

Councillors agree to uphold the ‘Community First’ principle by complying with the applicable legal

and regulatory requirements (inclusive of the

), the Councillor Code of

Conduct 2021 (Code) and this Policy. In accordance with the Standards of Conduct in the

, a ‘Councillor must ensure that their

behaviour does not bring discredit upon the Council is fit to conscientiously perform the role of a

Councillor when acting in that capacity or purporting to act in that capacity’.



Councillors are to comply with Council’s values and behaviours as expressed in the

Code. This includes the prescribed Standards of Conduct as incorporated into the Code from

the

.

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

8 



: Councillors are not to accept any offer Gift, Benefit, or Hospitality where the purpose

of the offer is to maintain or return a favour. (See Conflicts of Interest)



: A Councillor is only to accept an offer of a Gift, Benefit or Hospitality if the Councillor

considers that acceptance of the offer would provide a Demonstrable Benefit to Council.



: Councillors are to declare all offers of Gifts and Benefits, (including those offers that

have been declined, apart from offers of Token Gifts,) in accordance with this Policy (See

Definitions and Declaration Processes).



: Councillors are to declare all offers of Hospitality (including those offers that have

been declined) except Reasonable Hospitality.



: Councillors are to immediately report all offers of bribes, cash or inducements to the

Police or Independent Broad-Based Anti-Corruption Commission.



: Councillors are not to accept Anonymous Gifts over the Gifts Disclosure Threshold.

(See Anonymous Gifts).



: Councillors are to decline to give or receive Civic and Ceremonial Gifts except in

accordance with this Policy.



A Councillor who receives an offer of a Gift, Benefit, or Hospitality (excluding

Reasonable Hospitality and an offer of a token gift that the Councillor declined) will complete

and submit the Declaration of Gift / Benefit/ Hospitality Form on the Councillor Portal within

one calendar week of receiving the offer.



A Councillor is to disclose particulars of any Gift, or cumulative Gifts over five years, of

or above the Gift Disclosure Threshold received, on their Biannual Personal Interests Return,

unless the Gift is from a family member.



A Councillor who has a material conflict of interest in a matter based on receipt of a

Disclosable Gift, is to comply with the disclosure requirements in the Brimbank Governance

Rules 2020 (Governance Rules) with respect to that Conflict of Interest.

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

9 

GIFT table with questions for Councillors should they be presented with a gift, benefit

or hospitality.

G

Could the person or organisation benefit from a decision I make?

I

Has the gift, benefit or hospitality been offered to me publicly or privately?

Is it a courtesy or a token of appreciation or valuable non-token offer?

Does its timing coincide with a decision I am about to make?

F

Has the gift, benefit or hospitality been offered honestly? Has the person

or organisation made several offers over the last 12 months? Would

accepting it create an obligation to return a favour?

T

How would the public view acceptance of this gift, benefit or hospitality?

What would my colleagues, family, friends or associates think?



The giving of Civic Gifts by Council will be determined in accordance with this Policy.

The giving of a Civic Gift by, or on behalf of, Council, should be made in a consistent and

equitable manner in order to avoid perceptions of improper relationships, and to ensure the

proper use of Council resources.



A Councillor proposing to give a Civic Gift will circulate the proposal to all other

Councillors.



The Mayor will decide whether or not the proposed Civic Gift should be made in

accordance with and subject to the limits in the Thresholds for Civic Gifts in Table 2 of this

Policy.



Upon request by the Mayor, the Chief Executive Officer will make arrangements for the

purchase or supply of the civic Gift provided that it is in accordance with and subject to the

limits in the Threshold for Civic Gifts at in Table 2 of this Policy. No Council Officer can make

arrangements for the purchase or supply of a civic Gift that is outside the Thresholds for Civic

Gifts at Table 2 of this Policy.



A Councillor will not seek to direct or influence Council officers in the giving of civic

Gifts.

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

10 

Thresholds for Civic Gifts.

Mayor – End of Term

Bound Mayoral Album; or Soft cover

Mayoral album and framed print to the

value of $200

Deputy Mayor - End of Term

Flowers or potted plant up to the value of

$100

Councillor - End of Term

Framed BCC photo with inscription to the

value of approximately $150

Councillor - End of Year

Soft copy album – The Year That Was

(produced in-house)

Civic Hosting - Guests of the Head of

Council or Chief Executive Officer – for

example, overseas delegations

Commemorative Brimbank City Council

item (e.g. commemorative plate) value up

to $300 per group

Hosts of Brimbank Councillors or Council

officer delegations (representing Council

on

official Council business)

Council marketing items as appropriate

and available(e.g. boxed Brimbank pen or

Brimbank pin)

Volunteers who make a significant

contribution to a Council-run event/

initiative

Certificate

Civic Award recipients, for example,

Australia Day Awards, We are

Brimbank Awards

Trophy Up to the value of $150 and

flowers up to a value of approximately

$100

Civic condolences/congratulations

Flowers up to the value of $100

Commemorations for key events, for

example, ANZAC Day, Armistice day

One floral wreath per occasion/site to the

value of approximately $300, or such

greater value approved by a Director

New Citizens – citizenship ceremonies

Sapling tree to the value of approximately

$3 each

Commemorative Brimbank Coin to the

value of approximately $6 each



The giving of Ceremonial Gifts as an official Gift or token of respect or appreciation is a

common cultural practice of communities and organisations, both within Australia or

internationally.



Council may occasionally receive a Ceremonial Gift from an official delegate or

representative from another organisation, for the purpose of acknowledging, establishing,

and/or strengthening a relationship with Council.

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

11 



A Ceremonial Gift is the property of Council, irrespective of value. The Councillor

meeting with the official delegate or representative is responsible for providing the

ceremonial Gift to a member of the Governance Department, who will arrange for the Gift to

be recorded in Council’s Civic Collection and arrange for it be stored/displayed, as

appropriate.

Section 137 of the Act states that a Councillor should not accept a gift that exceeds the Gift

Disclosure Threshold, unless they know the name and address of the person giving the gift, or if

they are given the name and address at the time of the gift and reasonably believe it to be true. If

the Councillor does not know the giver's name and address, they are not in breach if they give the

gift to the Council within 30 days of receiving it.



The Act provides that a Councillor has a material conflict of interest in respect of a

matter if an affected person would gain a benefit or suffer a loss depending on the outcome

of the matter.



An affected person includes a person from whom the Councillor has received a

Disclosable Gift.



Each Councillor will:

o

comply with the conflict of interest provisions in the Act, Code and Governance Rules,

including, without limitation, the provisions with respect to material conflicts of interest

arising out of the receipt of a Disclosable Gift; and

o

review the requirements of the Act to ensure they comply with their personal legal

obligation to comply with the requirements of the Act, including the requirements in

relation to conflicts of interest in the Act.

Councillors are responsible for:



Complying with the General Obligations in the Councillor Gifts Policy



Completing a Declaration of Gift / Benefit/ Hospitality Form

The Executive Management Team, Audit and Risk Committee and Council are responsible for:



Quarterly review of Gift Register

Governance is responsible for:



Upon being provided with a completed declaration form, the Governance Department will

enter the details in the form into the Councilors’ Gifts, Benefits, and Hospitality Register (Gift

Register). For avoidance of doubt, all declared offers of Gifts, Benefits and Hospitality will be

recorded in the Gift Register.

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Attachment 12.8.2

Councillor Gifts, Benefits and Hospitality Policy 

12 



Reporting the Gift Register to Council’s Executive Management Team, and Audit and Risk

Committee on a quarterly basis and to Council in the monthly Governance Report.



Making the Gift Register available upon request to facilitate public awareness of the

availability of Council information, in a format that is understandable and accessible to

members of the municipal community in accordance with the Public Transparency Policy.

Director, People, Partnerships and Performance

Manager, Governance and Risk

People, Partnerships and Performance

Governance and Risk

Council will ensure that the community are consulted in the formation and the review of this policy

in accordance with the Community Engagement Principles in section 55 of the Local Government Act

2020 and Council’s Community Engagement Policy.

A review of this Policy will be completed on no less than a biennial basis. More frequent reviews may

occur due to changes in the legislative and regulatory framework or on request by Council.







Council Officer Gifts, Benefits and Hospitality Policy



Councillor Code of Conduct 2021

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Attachment 12.8.2

13 

New Policy

10/06/2015

10/06/2016

Review

2/11/2016

2/11/18

Review (Local Government Act 2020) 20/04/2021

20/04/2023

Review

5/02/2024

5/2/2026

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Attachment 12.8.2

14 

Section 9(1) of the

(Act) requires Council to give effect to the

overarching governance principles, in the performance of its role. Section 9(2) of the Act

specifies the governance principles as follows:

a)

Council decisions are to be made and actions taken in accordance with the relevant

law (Compliance with the law);

b)

Priority is to be given to achieving the best outcomes for the municipal

community, including future

generations (Achieve best outcomes for the

community);

c)

The economic, social and environmental sustainability of the municipal district,

including mitigation and

planning for climate change risks, is to be promoted

(Promote the sustainability of the municipality);

d)

The municipal community is to be engaged in strategic planning and strategic decision

making (Engage the

community in strategic planning and decision making);

e)

Innovation and continuous improvement is to be pursued (Strive for innovation

and continuous

improvement);

f)

Collaboration with other Councils and Governments and statutory bodies is to be sought

(Collaborate with all other levels of government and government agencies);

g)

The ongoing financial viability of the Council is to be ensured (Secure the ongoing

financial

viability of

Council);

h)

Regional, state and national plans and policies are to be taken into to account in

strategic planning and

decision making (Strategic planning and decision making must take

into account plans and policies in

operation at all levels);

i)

The transparency of Council decisions, actions and information is to be ensured (Council

decisions, actions

and information must be transparent).

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Attachment 12.8.2

15 

In developing the Councillor Gifts Policy, Council has considered and given effect to the

overarching governance

principles, as summarised below:

(a) Compliance with the law All relevant legal requirements have been considered in

developing the

Policy. In particular, and without

limitation, the Policy complies with the

requirements in

Part 6 of the Act, the public transparency principles

at section 58 of the Act, and the

.

(b)

Achieve best

outcomes for

the

community

Refer to the comments under (i) below.

(c) Promote the

sustainability

of the

municipality

Refer to the comments under (i) below.

(d)

Engage the

community

in

strategic planning

and

decision making

In developing the Policy, Council undertook a community

consultation

process, in accordance with Council’s

Community Engagement Policy.

Council will ensure that

the community are consulted in the review of

the Policy

in accordance with the Community Engagement

Principles in

section 55 of the Act and Council’s

Community Engagement Policy.

(e) Strive for innovation

and

continuous

improvement

Council will review the Policy on a no less than biennial

basis, and pursue innovation and continuous

improvement during every review.

(f)

Collaborate with all

other levels of

government and

government

agencies

In developing the Policy, Council considered the

Victorian State

Government’s “Model policies for

agencies and boards: Gifts, benefits

and hospitality”.

(g)

Secure the ongoing

financial viability of

Council

Not applicable for the Policy.

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Attachment 12.8.2

16 

(h) Strategic planning and

decision making must

take

into account

plans and

policies in

operation

Not applicable for the Policy.

(i)

Council decisions,

actions

and

information must be

transparent

The Policy:

•

relates to the systems and processes by which offers

of gifts and

hospitality to Councillors are recorded,

addressed, and reported to

the municipal community,

to promote the transparency of Council’s

decisions,

actions, and information;

•

has met all of the relevant requirements of

transparency within Council’s management and

decision making processes.

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Attachment 12.8.2

17 

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Attachment 12.8.2

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Attachment 12.8.2

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Attachment 12.8.2

Live Streaming of Council Meetings Policy1 

August

2024

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Attachment 12.8.3

Council respectfully acknowledges and recognises Wurundjeri and Bunurong peoples as the

Traditional Custodians of this land and pays respect to their Elders past, present and future.

Council acknowledges the legal responsibility to comply with the Charter of Human Rights and

Responsibilities Act 2006 and the Equal Opportunity Act 2010. The Charter of Human Rights

and Responsibilities Act 2006 is designed to protect the fundamental rights and freedoms of

citizens.

The Charter gives legal protection to 20 fundamental human rights under four key values that

include freedom, respect, equality and dignity.

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Attachment 12.8.3

Live Streaming of Council Meetings Policy 

3 

4.1 

Notice of meetings ...................................................................................................................................... 5 

4.2 

Signage about live streaming ...................................................................................................................... 5 

4.3 

Privacy of members of the public................................................................................................................ 5 

4.4 

Camera positioning ..................................................................................................................................... 5 

4.5 

Chair Statement permitting live streaming ................................................................................................. 5 

4.6 

Who may operate equipment ..................................................................................................................... 6 

4.7 

Confidential items ....................................................................................................................................... 6 

5.1 

Closed meetings .......................................................................................................................................... 6 

5.2 

Notice of closed meetings ........................................................................................................................... 6 

5.3 

Confidential items ....................................................................................................................................... 6 

6.1 

Councillors ................................................................................................................................................... 6 

6.2  Staff .............................................................................................................................................................. 6 

7.1  Technology determination .......................................................................................................................... 7 

7.2  Live Streaming and Recording of meetings ................................................................................................. 7 

7.3  Disclaimer for Potential Technical Issues .................................................................................................... 7 

7.4  Notification and Rectification of Technical Issues ....................................................................................... 7 

7.5  Publishing of Meeting Records .................................................................................................................... 7 

7.6  Records Management of council Meetings ................................................................................................. 7 

8.1 

 Disclaimer of Council Opinions ................................................................................................................... 7 

8.2 

 Limitation of Liability for Council Meeting Material .................................................................................. 7 

9.1 

Public Request for Transcribing and Translation......................................................................................... 8 

9.2 

Council Arrangement for Transcribing and Translation .............................................................................. 8 

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Attachment 12.8.3

Live Streaming Of Council Meetings Policy 

4 

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Attachment 12.8.3

Live Streaming of Council Meetings Policy 

5 

Brimbank City Council (Council) is committed to improving community engagement and

transparency in Council decision making processes in accordance with the public transparency

principles set out in the

(the Act) and Council’s Public Transparency

Policy.

It is anticipated that the live streaming of Council Meetings will provide greater flexibility and

convenient access for the community to Council’s decision-making process. This will be further

enhanced by the subsequent publishing of the recordings of meetings on Council’s website and/or

Council’s Social Media Channels.

In addition, Council will comply with the requirements set out in Ministerial Guidelines, Regulations

or Act when Council is impacted by health directions or restrictions.

This Policy applies to all Council Meetings as defined by section 61(1) of the Act.

Council will live stream Council Meetings and publish the recording of the meetings on Council's

YouTube and/or Council’s Social Media Channels after the meetings, subject to the technical

disclaimer in section 7(3) of this Policy.

Notice of the meeting will be given on Council’s website and/or Council’s social media channels

(Appendix 1) and printed in the agenda of a Council Meeting (Appendix 2). Council’s website will

also display a Privacy Collection Statement with regards to Council Meetings (Appendix 3).

Where a meeting is live streamed and/or recorded, appropriate signage will be placed at the

entrance of the meeting location, notifying all attendees that the meeting will be live streamed

and/or recorded. Council does not record members of the public during a Council Meeting. Cameras

will be positioned so that the public gallery is not visible.

Although all care will be taken to maintain the privacy of members of the public, there is a

possibility of incidental capture of members of the public during the meeting and Council provides

no assurance to people present in the public gallery that their image or voice will not be incidentally

live streamed or recorded.

Standard camera positioning will provide visual and audio recording of all Councillors present at a

meeting in Chamber. The camera will focus on Councillors who are speaking where practicable.

At the commencement of a meeting, the Chair will read a statement (Appendix 4) informing all

attendees that the Chair has granted permission for the meeting to be live streamed and/or

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Attachment 12.8.3

Live Streaming Of Council Meetings Policy 

6 

recorded (which may include publishing on Council’s website and/or YouTube Channel).

Unless given permission by the Chair, no other person may operate any audio or visual recording

equipment at any Council Meeting.

Where Council has designated an item confidential in accordance with section 3(1) of the Act,

Council deliberations in regards to that item will be closed to the public and will not be live

streamed. If the Chamber is open, the public will be asked to leave the Chamber while the item is

considered by Council and will be advised that live streaming of the meeting will be on hold while

the item is considered. Once the matter is finalised, the meeting will be reopened to the public and

the live stream will continue.

Section 66 of the Act provides detail about when Council meetings are to be open to the public or

when circumstances allow for them to be closed.

Where the Chief Executive Officer has determined that the Council Chamber will be closed to the

public for any Council Meeting, they will provide notice on Council’s website and Council’s social

media channels (Appendix 1) and printed in the agenda of a Council Meeting (Appendix 2).

Where Council has designated an item confidential in accordance with section 3(1) of the Act,

Council deliberations in regard to that item will be closed to the public and will not be live streamed.

Members of the public will be advised that the live stream of the meeting will be on hold while the

item is considered. Once the matter is finalised, the live stream will continue.

When attending a Council Meeting (including by remote attendance), Councillors will act in

accordance with the Councillor Code of Conduct and Brimbank Council’s Governance Rules and

make Councillors must make every effort to avoid statements or actions that may put themselves

or Council at legal, financial or reputational risk. Councillors are solely responsible for their own

comments made during a Council Meeting.

When attending a Council Meeting (including a meeting considered open to the public by virtue of

being live streamed on Council’s website), Council staff will act in accordance with the Staff Code of

Conduct and Brimbank Council’s Governance Rules, and make every effort to avoid statements or

actions that may put themselves or Council at legal, financial or reputational risk.

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Attachment 12.8.3

Live Streaming of Council Meetings Policy 

7 

The Chief Executive Officer will determine what technology will be used to ensure Council complies

with this Policy.

Council ensure meetings are live streamed

unless circumstances specified in section 66 of the Act

apply

and

will exert all reasonable efforts to ensure

recordings are published after the meetings in

accordance with this Policy.

In the event that live streaming and recording of a meeting is unavailable

or disrupted, the meeting will not be deferred for that reason, provided public access to the meeting is

available. Where public access is not available (for example where a meeting is closed to the public due

to disruption from the public gallery) and live streaming and recording is not available, then the

meeting may be deferred.

Council acknowledges that due to potential technical issues, streaming and/or publishing recordings

of meetings may not be available, or disrupted or delayed. Council cannot be held responsible or

liable for the live stream or a published recording of a meeting being temporarily unavailable,

disrupted or delayed due to technical issues beyond Council’s control.

If streaming or accessing a recording of a meeting is unavailable, disrupted or delayed, Council will

notify the public on its social media channels and/or website, attempt to rectify the issue as soon as

possible and inform the public when the issue has been rectified.

All reasonable efforts will be made to ensure that a recording of the live stream will be published on

Council’s website within five business days of the meeting.

All recordings of Council Meetings will be maintained in accordance with Council’s Records

Management Policy and related procedures.

The opinions or statements made during the course of a Council Meeting are those of the particular

individuals, and not necessarily the opinions and statements of Council. Council does not necessarily

endorse or support the views, opinions, standards or information contained in the live streaming or

recording of the meeting.

Council does not warrant or represent that the material or statements made during a Council

Meeting are complete, reliable, accurate or free from error. Council does not accept any

responsibility or liability for any loss, damage, cost or expense that a person might incur as a result

of the viewing, using or relying on information or statements provided in the live streaming or

recording of a Council Meeting.

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Attachment 12.8.3

Live Streaming Of Council Meetings Policy 

8 

Members of the public can request the transcribing and translation of the recordings of a Council

Meeting to a community language.

Council will arrange the transcription and/or translation of the recordings of a Council Meeting upon

request in accordance Council's Public Transparency Policy.

Allegations of privacy breaches resulting from unauthorised access to, or collection, use or

disclosure of personal information in live streamed and recorded Council Meetings will be handled in

accordance with the

.

Council will ensure that the community are consulted in the formation and the review of this policy

in accordance with the Community Engagement Principles in section 55 of the Act and Council’s

Community Engagement Policy.

A review of this Policy will be completed on no less than an annual basis. More frequent reviews

may occur due to changes in the legislative and regulatory framework or on request by Council.

Director, People, Partnerships and Performance

Manager, Governance and Risk

People, Partnerships and Performance



Brimbank Governance Rules



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Attachment 12.8.3

Live Streaming of Council Meetings Policy 

9 

The following is an example of a notice on Council’s website and/or Council’s social media channels

with regards to Council Meetings:

This public meeting will be live streamed and made available on Council’s website

and/or Brimbank City Council’s YouTube Channel after the meeting. What you say at

this meeting may be streamed, recorded and published.

All care will be taken to maintain the privacy of members of the public gallery. As a

member of public gallery, however, your presence and what you say may be recorded.

By remaining in the public gallery it is implied that you give consent to your image and

what you say being broadcast and recorded.

Everyone at this meeting is personally responsible for what they say. You may be

personally liable at law for what you say, including any action brought by another

person for a breach of any relevant law including defamation, discrimination and

privacy.

The opinions or statements made during the course of this meeting are those of the

particular individuals, and not necessarily the opinions and statements of Council.

Council does not necessarily endorse or support the views, opinions, standards or

information contained in the live streaming or recording of the meeting.

For further information, please view the Live Streaming of Council Meetings Policy on

Council’s website.

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Attachment 12.8.3

Live Streaming Of Council Meetings Policy 

10 

The following is an example of the statement to be included in the agenda of a Council Meeting:

This public meeting will be live streamed and made available on Council’s website

and/or Brimbank City Council’s YouTube Channel after the meeting. What you say at

this meeting may be live streamed, recorded and published.

All care will be taken to maintain the privacy of members of the public gallery. As a

member of public gallery, however, your presence and what you say may be live

streamed and recorded. By remaining in the public gallery, it is implied that you give

consent to your image and what you say being live streamed and recorded.

Everyone at this meeting is personally responsible for what they say here and do here.

You may be personally liable at law for what you do and say, including any action

brought by another person for a breach of any relevant law including defamation,

discrimination and privacy.

A copy of the Live Streaming of Council Meetings Policy is available on Council’s

website.

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Attachment 12.8.3

Live Streaming of Council Meetings Policy 

11 

The following is an example of the Privacy Collection Statement to be included on Council’s website

with regards to Council Meetings:

Privacy Collection Statement – Live Streaming and Recording of Council Meetings

Brimbank City Council’s Council Meetings are live streamed and made available on the

internet via Council’s YouTube Channel after the meeting for the public’s future

reference.

The meeting recordings will be retained on Council’s website for no less than five years.

Live streaming allows you to watch and listen to the meeting from any media device

with an internet connection in real time, giving you greater access to Council decision

making and debate. Overall, the live streaming of Council Meetings is intended to

provide greater flexibility for the community to access Council Meetings.

Every care is taken to maintain privacy and the cameras filming the meeting are

focussed on the Mayor and Councillors. Any person who walks behind or in front of a

Councillor’s seat may be filmed and recorded in the footage. Comments made by

members of the public from the gallery may also be live streamed and recorded.

A copy of the Live Streaming of Council Meetings Policy is available on Council’s

website.

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Attachment 12.8.3

Live Streaming Of Council Meetings Policy 

12 

The following is an example of the statement to be read by the Chair at the commencement of a

Council Meeting:

This public meeting will be live streamed and made available on the internet via

Brimbank City Council’s YouTube Channel after the meeting. What you say at this

meeting may be live streamed, recorded and published.

All care will be taken to maintain the privacy of members of the public gallery. As a

member of the public gallery, your presence and what you say may be live streamed

and recorded. By remaining in the public gallery, it is implied that you give consent to

your image and what you say being live streamed and recorded.

Everyone at this meeting is personally responsible for what they say here and do here.

You may be personally liable at law for what you do and say, including any action

brought by another person for a breach of any relevant law including defamation,

discrimination and privacy.

A copy of the Live Streaming of Council Meetings Policy is available on Council’s

website.

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Attachment 12.8.3

Live Streaming of Council Meetings Policy 

13 

Section 9(1) of the Local Government Act 2020 (the Act) requires Council to give effect to the

overarching governance principles, in the performance of its role. Section 9(2) of the Act specifies

the governance principles as follows:

a)

Council decisions are to be made and actions taken in accordance with the relevant law

(Compliance with the law);

b)

Priority is to be given to achieving the best outcomes for the municipal community, including

future generations (Achieve best outcomes for the community);

c)

The economic, social and environmental sustainability of the municipal district, including

mitigation and planning for climate change risks, is to be promoted (Promote the

sustainability of the municipality);

d)

The municipal community is to be engaged in strategic planning and strategic decision

making (Engage the community in strategic planning and decision making);

e)

Innovation and continuous improvement is to be pursued (Strive for innovation and

continuous improvement);

f)

Collaboration with other Councils and Governments and statutory bodies is to be sought

(Collaborate with all other levels of government and government agencies);

g)

The ongoing financial viability of the Council is to be ensured (Secure the ongoing financial

viability of Council);

h)

Regional, state and national plans and policies are to be taken into to account in strategic

planning and decision making (Strategic planning and decision making must take into

account plans and policies in operation at all levels);

i)

The transparency of Council decisions, actions and information is to be ensured (Council

decisions, actions and information must be transparent).

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Attachment 12.8.3

Live Streaming Of Council Meetings Policy 

14 

In developing the Live Streaming of Council Meetings Policy, Council has considered and

given effect to the

overarching governance principles, as summarised below:

Governance Principle

Considerations

(a) Compliance with the law

All relevant legal requirements have been

considered

in developing the Policy. In

particular, and without

limitation, the

Policy complies with the requirements

in

Division 2 of Part 3 and Part 6 of

.

(b)

Achieve best outcomes for the

community

Refer to the comments under (i) below

(c) Promote the sustainability

of the

municipality

Not applicable for the Policy.

(d)

Engage the community in strategic

planning and decision making

In developing the Policy, Council

undertook a community consultation

process, in accordance with

Council’s

Community Engagement Policy. Council

will ensure that the community are

consulted in

the review of the Policy in

accordance with the

Community

Engagement Principles in section 55 of

and Council’s Community

Engagement Policy.

(e) Strive for innovation and

continuous

improvement

The Policy sets out requirements and

processes for

live streaming and

publishing recordings of Council

Meetings which utilised the modern

multimedia

technology in providing new

access to the

community to Council

decision making processes.

Council will review the Policy on a no less

than

annual basis, and pursue innovation

and continuous

improvement during

every review.

(f)

Collaborate with all other levels

of

government and

government agencies

Not applicable for the Policy.

(g)

Secure the ongoing financial

viability of

Council

Not applicable for the Policy.

(h) Strategic planning and decision

making

must take into account

plans and policies in

operation at

all levels

Not applicable for the Policy.

(i)

Council decisions, actions and

The Policy sets out requirements and

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Attachment 12.8.3

Live Streaming of Council Meetings Policy 

15 

information must be transparent

processes for live streaming and

publishing recordings of Council

Meetings which will provide greater

flexibility and

convenient access for the

community to Council

decision making

processes without requiring

physical

attendance.

The live streaming of the meetings is

particularly essential to the transparency

in Council decision making processes

where physical attendance at those

meetings is restricted due to COVID-19

pandemic in accordance with the public

health directions.

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Attachment 12.8.3

Live Streaming Of Council Meetings Policy 

New policy

16/10/2018

16/3/2021

Review after Pilot

18/02/2020

19/02/2022

Review

21/09/2021

21/09/2022

Review

5/02/2024

5/02/2026

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Attachment 12.8.3

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Attachment 12.8.3

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Attachment 12.8.3

Public Transparency Policy 

August

2024

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Attachment 12.8.4

Public Transparency Policy 

Council re

spectfully acknowledges and recognises Wurundjeri and Bunurong peoples as the

Traditional Custodians of this land and pays respect to their Elders past, present and future.

Council acknowledges the legal responsibility to comply with the Charter of Human Rights

and Responsibilities Act 2006 and the Equal Opportunity Act 2010. The Charter of Human

Rights and Responsibilities Act 2006 is designed to protect the fundamental rights and

freedoms of citizens.

The Charter gives legal protection to 20 fundamental human rights under four key values

that include freedom, respect, equality and dignity.

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Attachment 12.8.4

Public Transparency Policy 

2.1  

This policy applies to ............................................................................................................................... 5 

2.2   

This policy does not cover ...................................................................................................................... 5 

4.1  

Public Transparency Principles ............................................................................................................... 6 

5.1  

Decision Making at Council Meetings ..................................................................................................... 6 

5.2  

Requirements for Decisions at Council Meetings ................................................................................... 6 

5.3   

Records of Council Meetings .................................................................................................................. 6 

5.4   

Specifying the legal basis for closed Council Meetings .......................................................................... 7 

5.5   

Resolutions at Closed Council Meetings ................................................................................................. 7 

5.6   

Publishing agenda prior to Council Meetings ......................................................................................... 7 

6.1  

Availability............................................................................................................................................... 7 

6.2  

Accessibility ............................................................................................................................................. 7 

6.3  

Inclusivity ................................................................................................................................................ 7 

6.4  

Community feedback .............................................................................................................................. 7 

6.5  

Publication .............................................................................................................................................. 7 

7.1  

Accessing Council publications ............................................................................................................... 7 

8.1  

Accessing information under Freedom of Information .......................................................................... 8 

8.2  

How Council will respond to requests for information .......................................................................... 8 

8.3  

Statement of information held by Council ............................................................................................. 8 

8.4  

Council publications generally availbale ................................................................................................. 8 

8.5  

Other forms of information that may be requested .............................................................................. 8 

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Attachment 12.8.4

Public Transparency Policy 

11.1 

 Council ................................................................................................................................................. 10 

11.2 

 Chief Executive Officer ......................................................................................................................... 10 

11.3 

 Executive Management Team ............................................................................................................. 10 

11.4 

 Manager Governance and Risk ............................................................................................................ 10 

11.5 

 All Staff ................................................................................................................................................. 11 

11.6 

 Chief Executive Officer ......................................................................................................................... 11 

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Attachment 12.8.4

Public Transparency Policy 

5 

Brimbank City Council (Council) is required by section 57 of the

(the

Act) to have a public transparency policy in place.

The purpose of Council's Public Transparency Policy is to promote openness and transparency in

Council decision-making and to ensure that the public is well-informed and able to participate in

these processes.

Greater transparency in Council's decision-making processes serves several important purposes:



: By making information about how Council manages public

resources readily available, transparency promotes accountability and fosters public trust.



Transparency allows residents and stakeholders to stay

informed about Council decisions, policies, and projects, empowering them to participate in

the decision-making process.



By providing more opportunities for residents and

stakeholders to engage in discussions, express their opinions, and contribute to local

decision-making processes, transparency helps build community engagement and trust.



Involving diverse community perspectives in decision making

leads to more comprehensive and thoughtful outcomes.



Transparency ensures compliance with laws and regulations, reducing the

likelihood of legal issues and potential conflicts.

Councillors, including the Mayor and Deputy Mayor, and staff of the Council.

Council information that not appropriate to be publicly availability because it is protected by privacy,

confidentiality, legal privilege or otherwise contrary to the public interest.

For the purposes of this policy, Council adopts the following definitions:

Closed Meetings

When Council resolves to close the meeting to the general public

Consultation

The process of seeking input on a matter

Public Participation

Public participation involves various levels of engagement, including

informing the public about government activities, providing timely and

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Attachment 12.8.4

Public Transparency Policy 

6 

relevant information to facilitate participation, delegating decision-making

power to the public, and engaging in community activities that promote

the common good.

Stakeholder

An individual or group with a strong interest in the decisions of Council and

are directly impacted by their outcomes.

Transparency

Transparency is the principle of having no hidden agendas or conditions. It

involves providing all the necessary information to facilitate collaboration,

cooperation, and effective, well-informed decision-making.

The objective of this policy is to give effect to the following Public Transparency Principles outlined in

section 58 of the Act —

a) Council decision making processes must be transparent except when the Council is dealing

with information that is confidential by virtue of this Act or any other Act.

b)

Council information must be publicly available unless—

(i) the information is confidential by virtue of this Act or any other Act; or

(ii) public availability of the information would be contrary to the public interest.

c)

Council information must be understandable and accessible to members of the municipal

community.

d)

Public awareness of the availability of Council information must be facilitated.

Council must make decisions in accordance with its obligations under law, rules and adopted policy.

Council must ensure that decisions made at Council Meetings are:

a)

Undertaken in accordance with the Act, Regulations and the Governance Rules.

b)

Conducted in an open and transparent forum, unless in accordance with the provisions in the

Act and Governance Rules.

c)

Informed through community engagement, in accordance with the Community Engagement

Principles and the Community Engagement Policy.

d)

Made fairly and on the merits, and where any person whose rights will be directly affected by

a decision of the Council, that person will be entitled to communicate their views and have

their interests considered, in accordance with the law.

Council must display records of its meetings in accordance with its Governance Rules and Live

Streaming of Council Meetings Policy. The public will be able to access the minutes and video

recording of meetings.

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Attachment 12.8.4

Public Transparency Policy 

7 

Where Council closes a meeting to the public, or closes part of a meeting to the public, on the

grounds that an item is confidential, it will specify the legal basis upon which the meeting is closed in

accordance with the Act. The Minutes will also show the basis on which the meeting is closed.

Decisions made in closed council, depending upon their nature, may then be reported in the minutes

at the discretion of Council.

Council will publish an agenda prior to the Council meeting, ensuring that the municipality may ask a

public question in accordance with its Governance Rules, about items that will be considered at that

meeting.

Council ensures that information is made available on the Council website, open data, at Council

offices, or by request.

Council seeks to ensure that its communications are able to be understood by the municipality. For

this reasons Council Officers are required to draft their reports in plain English and avoid technical

language where possible.

Brimbank is an inclusive community and Council will seek to provide information to the community

in a way suitable to their needs, this includes translation services and providing information in other

forms.

Council is under statutory obligations to seek community feedback on relevant items. A Community

Engagement Policy is also a mandatory requirement for Councils and sets outs out Council’s

commitment to letting the Community know about Council’s decision making.

Council’s media team will facilitate the publication of Council Information on its website, social media

channels, local newspapers or by public display on Council land.

Council publishes a range of newsletters, reports and handbooks for residents, businesses and

visitors to Council. These publications can be downloaded from Council’s website or by calling

Council for a copy. Some of these publications are also available at Council’s Libraries.

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Attachment 12.8.4

Public Transparency Policy 

8 

Some Council information will not be published but can be requested from Council. It may be

required by Council to make a formal Freedom of Information application.

The

(FOI Act) gives a right of access to documents held by

Council. Council is committed to, where possible, proactive and informal release of information in

accordance with the Freedom of Information Professional Standards issued by the Victorian

Information Commissioner.

Council will respond to requests for information in accordance with the Act, the FOI Act, and this

policy. Consideration will be given to accessibility and cultural requirements under the

.

A list of available information is provided in the FOI Act Part II Statement (Statement) published on

Council’s website. This Statement requires government agencies and local councils to publish

statements about the type of information they hold to assist members of the public in accessing

information.

The Council will make the following records available on Council’s website or upon request:



Council meeting agendas



Reporting to Council



Minutes of Council meetings



Reporting from Advisory Committees to Council through reporting to Council



Audit and Risk Committee Performance Reporting



Terms of reference or charters for Advisory Committees



Registers of travel undertaken by Councillors or Council Staff



Registers of Conflicts of Interest disclosed by Councillors or Council Staff



Submissions made by Council



Registers of donations and grants made by Council



Registers of leases entered into by Council, as lessor and lessee



Register of Delegations



Register of Authorised officers



Register of Election campaign donations



Summary of Personal Interests



Any other Registers, Policies, Processes or Records required to be made public by legislation.

Other forms of information that Council creates that may be available upon request include:

a)

Documents such as:



Plans and Reports adopted by Council



Policies



Project and service plans



Grant application, tenders and tender evaluation material

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Attachment 12.8.4

Public Transparency Policy 

9 



Service agreements, contracts, leases and licenses



Council leases, permits and notices of building and occupancy



Relevant technical reports and / or research that informs decision making.

b)

Process information such as:



Practice notes and operating procedures



Application processes for approvals, permits, grants, access to Council services



Decision making processes



Guidelines and manuals



Community engagement processes



Complaints handling processes.

If a member of the community is unable to locate the desired information, they can contact Council

directly for assistance. It is possible that Council can provide them with the requested information

without the need for a formal freedom of information request.

Some Council information may not be made publicly available, this includes information that the

Council considers confidential.

“Confidential information” is defined in section 3 of the Act and includes the types of information

listed in the following table.

Council business

information

Information that would prejudice the Council's position in commercial

negotiations if prematurely released.

Security information

Information that is likely to endanger the security of Council property

or the safety of any person if released.

Land use planning

information

Information that is likely to encourage speculation in land values if

prematurely released.

Law enforcement

information

Information which would be reasonably likely to prejudice the

investigation into an alleged breach of the law or the fair trial or

hearing of any person if released.

Legal privileged

information

Information to which legal professional privilege or client legal

privilege applies.

Personal information

Information which would result in the unreasonable disclosure of

information about any person or their personal affairs if released.

Private commercial

information

Information provided by a business, commercial or financial

undertaking that relates to trade secrets or that would unreasonably

expose the business, commercial or financial undertaking to

disadvantage if released.

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Attachment 12.8.4

Public Transparency Policy 

10 

Confidential meeting

information

Records of a Council and delegated committee meetings that are

closed to the public to consider confidential information.

Internal arbitration

information

Confidential information relating internal arbitration about an alleged

breach of the Councillor code of conduct.

Councillor Conduct Panel

confidential information

Confidential information relating to a Councillor Conduct Panel matter

Confidential information

under the 1989 Act or

Local Government Act

2020

Information that was confidential information for the purposes of

section 77 of the

or as defined in the

.

If a member of the community disagrees with a decision about the release of information, this

should be raised directly with the officer handling the matter at first instance. If this does not resolve

the issue, the concern may be reported to the Legal and Privacy Officer.

If the concern remains unresolved the matter may then be raised directly with the Victorian

Ombudsman’s office on 1800 806 314

or via the website www.ombudsman.vic.gov.au.

Council is responsible for:



Championing the commitment and principles for public transparency through leadership,

modelling practice and decision-making.

The CEO is responsible for:



Champion behaviours that foster transparency and drive the principles through policy,

process and leadership.



Monitor implementation of this policy.

The EMT is responsible for:



Manage areas of responsibility to ensure public transparency, good governance and

community engagement is consistent with this policy.

The Manager Governance and Risk is responsible for:

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Attachment 12.8.4

Public Transparency Policy 

11 



Monitoring implementation of this policy and conducting periodic reviews to drive continuous

improvement.

Public transparency is the responsibility of all employees as appropriate to their role and function.

The CEO is responsible for:



Champion behaviours that foster transparency and drive the principles through policy,

process and leadership.



Monitor implementation of this policy.

If a member of the community wishes to question a decision about the release of information, this

should be raised directly with the officer handling the matter in the first instance. If the request is

not resolved, this can be reported to the Senior Freedom of Information and Privacy Officer.

Unresolved concerns about release of information can then be raised directly with the Office of the

Victorian Information Commissioner on 1300 006 842 or by email enquiries@ovic.vic.gov.au.

Council commits to monitoring processes to understand the success of implementation of this policy.

A periodic review of this policy will be undertaken in line with Council’s Policy Management

Framework to ensure any changes required to strengthen or update the policy are made in a timely

manner.

Director, People, Partnerships and Performance

Manager, Governance and Risk

People, Partnerships and Performance

Governance and Risk

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Attachment 12.8.4

Public Transparency Policy 

12 













Freedom of Information Operational Policy



Information Privacy and Health Records Policy

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Attachment 12.8.4

Public Transparency Policy 

13 

New Policy

10/06/2015

10/06/2016

Review

2/11/2016

2/11/18

Review (Local Government Act 2020) 20/04/2021

20/04/2023

Review

5/02/2024

5/2/2026

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Attachment 12.8.4

Public Transparency Policy 

Section 9(1) of the

(the Act) requires Council to give effect to the

overarching governance principles, in the performance of its role. Section 9(2) of the Act specifies

the governance principles as follows:

a)

Council decisions are to be made and actions taken in accordance with the relevant law

;

b)

Priority is to be given to achieving the best outcomes for the municipal community, including

future generations

;

c)

The economic, social and environmental sustainability of the municipal district, including

mitigation and planning for climate change risks, is to be promoted

;

d)

The municipal community is to be engaged in strategic planning and strategic decision making

;

e)

Innovation and continuous improvement is to be pursued

;

f)

Collaboration with other Councils and Governments and statutory bodies is to be sought

;

g)

The ongoing financial viability of the Council is to be ensured

;

h)

Regional, state and national plans and policies are to be taken into to account in strategic

planning and decision making

;

i)

The transparency of Council decisions, actions and information is to be ensured

.

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Attachment 12.8.4

Public Transparency Policy 

In developing the Public Transparency Policy, Council has considered and given effect to the overarching

governance principles, as summarised below:

(a) Compliance with the law All relevant legal requirements have been considered in

developing the Policy. In particular, and without limitation, the

Policy complies with the requirements in Part 6 of the Act, the

public transparency principles at section 58 of the Act, and the

.

(b) Achieve best outcomes for

the community

The Policy achieves better outcomes by promoting accountability

and openness and allowing the community to have access

information and opportunities to provide feedback and

participate in decision-making.

(c) Promote the sustainability

of the municipality

Not applicable for the Policy.

(d) Engage the community in

strategic planning and

decision making

In developing the Policy, Council undertook a community

consultation process, in accordance with Council’s Community

Engagement Policy. Council will ensure that the community are

consulted in the review of the Policy in accordance with the

Community Engagement Principles in section 55 of the Act and

Council’s Community Engagement Policy.

(e) Strive for innovation and

continuous improvement

Council will review the Policy on a no less than biennial basis,

and pursue innovation and continuous improvement during

every review.

(f) Collaborate with all other

levels of government and

government agencies

In developing the Policy, Council considered the Office of the

Victorian Information Commissioner’s

(g)

Secure the ongoing

financial viability of

Council

Not applicable for the Policy.

(h) Strategic planning and

decision making must

take

into account

plans and

policies in

operation

Not applicable for the Policy.

(i)

Council decisions,

actions

and

information must be

transparent

The purpose and intent of this Policy is to promote openness

and transparency.

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Attachment 12.8.4

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Attachment 12.8.4

Councillor Support Policy 

August

2024

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Attachment 12.8.5

Council respectfully acknowledges and recognises Wurundjeri and Bunurong peoples as

the Traditional Custodians of this land and pays respect to their Elders past, present and

future.

Council acknowledges the legal responsibility to comply with the Charter of Human Rights

and Responsibilities Act 2006 and the Equal Opportunity Act 2010. The Charter of Human

Rights and Responsibilities Act 2006 is designed to protect the fundamental rights and

freedoms of citizens.

The Charter gives legal protection to 20 fundamental human rights under four key values

that include freedom, respect, equality and dignity.

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Attachment 12.8.5

Councillor Support Policy 

1.4.1 Councillor Expense

Reports ............................. 5

1.4.2 Publication of

expenses .......................... 5

1.4.3 Payment of

Allowances ........................ 6

2.1.1 Induction .......................... 6

2.1.2 Ongoing Development ........ 6

2.1.3 Support Expenses

Covered ............................ 7

2.1.4 Attending conferences

and seminars ..................... 8

2.1.5 Planning sessions and

workshops ......................... 9

2.1.6 Training courses and

seminars ........................... 9

2.1.7 Memberships and

subscriptions ..................... 9

2.1.8 Requirements and

Limits ............................. 10

2.1.9 Accountability ................... 10

3.1.1 Events covered ................ 11

3.1.2 Requirements .................. 11

3.1.3 Civic hosting .................... 11

3.2.1 Online Engagement .......... 12

3.2.2 In-person

Engagement .................... 12

4.1.1 Car parking fees and

permits ........................... 12

4.1.2 Public transport ............... 12

4.1.3 Use of taxis/Uber ............. 13

4.1.4 Use of car share

schemes/hire cars ............ 13

4.1.5 Use of private

vehicles .......................... 13

4.1.6 Tolls ............................... 13

4.1.7 Council fleet vehicles ........ 13

4.1.8 Accommodation and

incidentals ....................... 14

4.2.1 Authorisation and

reporting framework ......... 15

4.2.2 Bookings and

confirmation .................... 16

4.2.3 Travel documentation ....... 16

4.2.4 ICT arrangement and

expenses ........................ 17

4.2.5 Reimbursement of

travel expenses ................ 17

4.2.6 Travel expense

reporting ......................... 17

5.1.1 ICT devices ..................... 17

5.1.2 ICT Policies ....................... 18

6.1.1 Administrative Support

– Mayor .......................... 19

6.1.2 Administrative

Support - Councillors ........ 19

6.1.3 Councillor Portal ............... 20

6.1.4 Stationery/Mail ................ 20

6.1.5 Photocopying ................... 20

6.1.6 Newspapers/Public

ation subscriptions ........... 20

6.1.7 Photographs .................... 20

6.1.8 Name Badges .................. 21

6.1.9 Business Cards ................ 21

6.1.10 Uniforms ......................... 21

6.2.1 Catering .......................... 21

6.2.2 Office of Mayor ................ 22

6.2.3 Councillor Offices ............. 22

6.2.4 Access and Parking ........... 22

6.2.5 Meeting Rooms and

Venues ........................... 22

6.2.6 Viewing Council Files ......... 22

6.2.7 Requests for

Information ..................... 23

7.1.1 Approved carers ............... 24

7.1.2 Carer costs ...................... 24

7.3.1 Counselling support .......... 25

7.3.2 Protective clothing ............ 25

8.1.1 Compliance with

legislation and policy ........ 25

8.1.2 Procurement of legal

advice ............................. 25

8.1.3 Legal protections .............. 25

8.2.1 Councillors and Officers

Liability ........................... 26

10.2.1 Forms and Receipts .......... 28

10.2.2 Councillor

Reimbursing Personal

Use ................................ 28

10.2.3 Authorisation levels .......... 28

10.2.4 Accountability and

Reporting ........................ 29

10.2.5 Tax requirements ............. 29

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Attachment 12.8.5

4 

Significant demands and expectations are placed on the Mayor and Councillors of Brimbank

City Council (Council) in carrying out their civic and statutory functions. This policy provides

an overview of how the Council can provide assistance and support to the Mayor and

Councillors when conducting council business. The policy recognises the support Councillors

require to serve, engage and act in the best interests of the community.

The allowance paid to Councillors is set by the State Government. The current allowance

rates can be found at www.vic.gov.au/allowances-mayors-deputy-mayors-and-councillors.

Section 42 of Local Government Act 2020 (the Act) requires a Council to make available

minimum resources and facilities for the Mayor and Councillors.

Councillors and members of delegated committees are entitled, under section 40 and 41 of

the Act, to reimbursement of bona fide expenses reasonably incurred in the performance of

their duties. This policy ensures that the reimbursement of these expenses is in accordance

with the Act and meets the Act’s principles of public transparency; achieving the best

outcomes for the municipal community; and ensuring the ongoing financial viability of the

council.

The cost of allowances and reimbursed expenses paid to Councillors, together with the

costs of related services and resources, are managed as part of Council’s annual budget

process and publicly reported in compliance with the Act and this Policy.

Councillors should put in place processes for documenting their claimable expenses. They

should also seek their own financial and taxation advice.

The Councillor Support Policy (Policy) supports, and is incorporated by reference in, the

Councillor Code of Conduct (Code). This Policy applies to a Councillor of Council. For the

purposes of this Policy, the term ‘Councillors’ includes the Mayor, the Deputy Mayor and all

other Councillors of Council.

This policy should be read in conjunction with the current version of the Conduct During

Election Period Policy.

The general principles underpinning the Policy are:

1. Councillor support expenses are those bona fide costs necessarily incurred by

Councillors (out-of-pocket) or on behalf of Councillors, in conducting their official

Council duties.

2. ‘Official Council duties’ are defined as a Councillor attending:



Ordinary and Special Council Meetings or Committees of Council



Formal briefing sessions and planning forums



Civic or ceremonial functions convened by the Council or presided over by the

Mayor

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Attachment 12.8.5



Meetings scheduled by the Council or the Mayor



A meeting, function or other official role as a representative of the Council or Mayor,

including meetings with residents and constituents



Meetings of advisory or external committees, community groups, organisations and

statutory authorities to which the Councillor has been appointed the Council

delegate/representative



Conferences, study tours/official visits (domestic and overseas), seminars and

training sessions as a Councillor where attendance has been approved by Council or

in accordance with this Policy. This includes travel to and from air, rail or other

transport when embarking on interstate or international Council business.

3. The services and facilities provided are for use while conducting Council related

business.

4. When claiming out-of-pocket expenses, tax receipts or supporting documentation must

be provided to support claims.

5. Any costs incurred by a Councillor which are not covered specifically within the Policy

will not be met, unless the Councillor has received prior authorisation from the Council

or, by delegation, from the Chief Executive Officer.

6. Remuneration or fees offered to Councillors for participation in external activities in the

capacity of Councillor should be paid to Council. This includes fees for presentations

delivered at conferences and seminars. It also includes fees for positions on external

boards, committees and organisations received by virtue of direct appointment by

resolution of Council – excepting MAV, VLGA, and the Metro Waste Board. In

circumstances where fees are offered for positions gained through a separate election

or selection process conducted by an external organisation, a Councillor may retain the

fees.

As part of Council’s commitment to open and transparent activities and in accordance with

the Act and the Public Transparency Policy, details of support expenses incurred by the

Mayor and Councillors are subject to regular reporting.

Councillor expenses are reconciled and reported to Council’s Audit and Risk Committee on a

bi-annual basis and are made public via Council’s website.

Councillors will be provided with bi-annual reports on expenses that they have claimed

which have been accepted by Council as directly attributable to their role as Councillor.

Councillors will generally be provided 3-5 days to review a report and seek clarification

from Council where required, prior to the issuing of the Council Meeting agenda.

Councillors shall be given an opportunity to reimburse Council for any expenditure incurred

on non-Council related business. Where a Councillor chooses to reimburse Council,

reimbursement should occur by the end of the month of which the expense was incurred.

Councillor expenses will be presented to a Council Meeting on a bi-annual basis, and

published on the Council website for the term of the Council. Expenses incurred as part of

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Attachment 12.8.5

6 

interstate and international travel on behalf of Council will be recorded in the travel

register.

Section 39 of the Act provides for payment of annual allowances to the Mayor and

Councillors, in accordance with a Determination of the Victorian Independent

Remuneration Tribunal under the Victorian Independent Remuneration Tribunal and

Improving Parliamentary Standards Act 2019 (section 23(a)); a Council must review and

set the allowance amount within the category range within six (6) months of a general

election.

Councillors will also be paid an amount equivalent to the superannuation guarantee, as

published by the Minister for Local Government. In accordance with section 39 (5) of the

Act, the Mayor and Councillors may elect to:

(a) receive the entire allowance to which they are entitled; or

(b) receive a specified part of the allowance to which they are entitled; or

(c) receive no allowance.

Council must review and set the allowance amount for the Mayor and Councillors, in

accordance with the Act. Allowances are taxable income. Any personal taxation

implications are the responsibility of the Councillor.

Councillors have the opportunity to participate in professional development opportunities

that will increase their skills and knowledge relevant to their duties of office, and improve

their effective community representation and advocacy, especially in relation to their

Portfolio responsibilities.

Professional development may include conferences, courses, and training - generally a one

off, occasional or short-term nature, and supported by a program, course material or

invitation by organisers.

Council is required to make available for public inspection all details of overseas or

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

interstate travel by land for less than 3 days), including name, dates, destination, purpose

and total cost (including accommodation) to Council of the travel.

Councillors will be supported in their role through the provision of a comprehensive

induction program arranged by the Chief Executive Officer. Section 32 of the Act requires

a Councillor to complete induction training within 6 months after the day the Councillor

takes the oath or affirmation of office.

Councillors can seek assistance from the Chief Executive Officer or delegate to analyse

their particular requirements and identify appropriate professional development to meet

their needs. The CEO/ Director will provide a response to the initial request within 14

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Attachment 12.8.5

business days, which may include a meeting to discuss individual needs.

Councillors may attend professional development opportunities that:



Relate directly to the duties and responsibilities of the Councillor



Relate to a Councillor’s portfolio responsibilities



Are organised by a Local Government peak body/association - MAV, VLGA, ALGA,

ALGWA, etc.



Are a governance and leadership course approved by the Chief Executive Officer,

such as the Australian Institute of Company Directors (AICD) course



All Councillors must undertake mid-term refresher training on Governance,

Leadership and Integrity as approved by the Chief Executive Officer or in

accordance with the Act or Regulations



Are specific needs-based training approved by the Chief Executive Officer, including

media, chairing, public speaking and social media use; and



have ‘demonstrable benefit’ for the City of Brimbank:

2.1.2.1 Definition of Demonstrable Benefit

(a) Clearly apparent benefit to the City of Brimbank and its community

(b) Relates directly to the role of Council or a Councillor of Brimbank (under the

Local Government Act)

(c) Clear link to achieving Council’s key commitments under the current Council

Plan

(d) Contributes to the development and skills of a Councillor, to perform their

duties and responsibilities

(e) Relevant to Portfolio/Advisory Committee responsibilities and supports the

role of a Portfolio Councillor/ Representative in developing their knowledge

and advocating for Portfolio issues

(f) Unlikely to create the impression an attempt is being made to compromise

the impartiality of the Councillor in relation to their decision-making

(including planning applications, tenders, policy positions, community fund,

budget process etc.)

2.1.2.2 Courses Nearing End of Council Term

Any professional development courses undertaken by a Councillor should provide a

demonstrable benefit to the Brimbank community. To reflect this commitment, all

courses must be completed at least three months prior to the commencement of

the election period for a general municipal election. For higher investment courses

(more than $5,000), such as AICD, to ensure benefit to the community, Councillors

will only be able to undertake these courses in the first three years of the Council

term.

: If, before you became a Councillor, you read about this expense/attendance 

by a Councillor, would you think it was reasonable?

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Attachment 12.8.5

8 

Council will pay the following expenses for Councillor attendance at professional

development opportunities:



Registration



All meals for the duration of the Conference/Course within reasonable limits



Payment for the conference dinner.



Accommodation that is booked through Councillor Support team from the day prior

to commencement of the conference/course and ending on the day where official

sessions conclude, where the conference/course is held outside of metropolitan

Melbourne.



Wi-Fi costs



Transportation to and from the conference/course that is related to the duties of

office will be booked by Councillor Support. Transportation during the

conference/course related to the duties of office may be booked by Councillor

Support or reimbursed to the Councillor upon completion of a claim form with

receipts attached. As appropriate, transport arranged will be by:

‐

Aircraft – Economy Class (unless travel by business class is resolved by

Council prior to travel)

‐

Taxi

‐

Private/Council vehicle (including car parking)

‐

Train/bus – economy class

‐

Hire car – up to standard 6 cylinder.



Return transport will be covered, including if a Councillor stays for additional days at

their own cost.

Council will not pay the following expenses for Councillor attendance at professional

development opportunities:



Any additional accommodation costs incurred as a result of the attendance of

partners, children or other guests.



Any additional meal costs incurred as a result of the attendance of partners,

children or other guests.



Charges for alcohol not consumed during a conference/course dinner where the

ticket covers that cost.



Minibar (excepting bottled water) and room phone charges will not be covered.

Conferences and seminars are organised by local government related organisations,

professional bodies and private sector providers on issues and events which impact on the

role of Councillors and the City of Brimbank in general.

Requests for attendance at interstate or international conferences and events must be

made in line with the interstate and international travel approval processes outlined in

section 4.

2.1.4.1 Accompanying partners/guests

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Attachment 12.8.5

A partner or guest may accompany a Councillor to conferences, and conference-related

events and functions. Events and functions will generally involve luncheons and

evening activities and be of a nature where other attendees will be accompanied by

partners. In situations where a Councillor wishes to invite one guest to a function or

event, the cost and arrangements will covered by Council and reported as a Councillor

expense (within the Councillor’s personal development budget). Additional guests to a

function or event, costs and arrangements will be paid by the Councillor (as a personal

cost).

If a partner, spouse, companion or children wishes to accompany a Councillor in a

private capacity, such accommodation is able to be booked through Councillor Support.

Any additional costs incurred by the person accompanying the Councillor in a private

capacity, including meals or additional accommodation, will not be funded by Council.

It is the responsibility of the Councillor to reimburse all private or personal costs to

Council, within three months of the cost being invoiced. Failure to reimburse Council

within this period will be considered a breach of the Code and will be reported in

accordance with the Act.

2.1.4.2 Presenter at a conference

Councillors may receive invitations to speak at a conference in their capacity as a

Councillor. In some cases, conference organisers may waive or cover registration fees

for participation. This would be considered a gift or hospitality benefit, and appropriate

reporting in line with this Policy and the Councillor Gifts, Benefits and Hospitality Policy

will be required. The invitation to speak can only be accepted if it is in relation to

primacy of the Mayor, then Deputy Mayor, and then Portfolio Councillor.

Councillors will participate in Council planning and development sessions and workshops

organised through the Chief Executive Officer. The costs of these sessions, and any

associated accommodation, meals, and travel, will be paid for by Council.

The Council strongly supports the enhancement of skills required by Councillors to assist in

carrying out their role. This includes participating in a range of one-off or short-term training

courses, seminars and activities in a variety of areas of professional and personal

development. These may be provided internally or by professional bodies, private

organisations and educational institutions.

Councillors wishing to undertake any training courses offered outside Victoria need to seek

travel approval in accordance with requirements set out in section 4.

Professional or personal development needs which require or involve on-going, longer-term

support, guidance or mentoring should first be discussed with the Chief Executive Officer or

delegate who will assist Councillors in line with an agreed framework and process, including

in accordance with 2.1.2.2. The Chief Executive Officer will inform all Councillors of

implemented arrangements. Reporting will be in line with this Policy and the Public

Transparency Policy

Council will reimburse Councillors or directly pay membership and subscription fees to

bodies and organisations whose activities are relevant to the role of Councillors. In seeking

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Attachment 12.8.5

10 

membership or subscription, the Councillor will identify the link to Council business and how

membership will assist in development or fulfilment of their role. Appropriateness will be

determined by the CEO or delegate.



A Councillor will discuss their desire to attend any interstate or overseas professional

development with the Mayor and Chief Executive Officer, prior to any arrangements being

made.

All overseas travel by a Councillor will require approval by resolution of Council at a

meeting open to the public.

The total maximum annual expenditure for attendance at professional development

opportunities, directly related to the Councillor role, is $7,000 (plus GST) per annum for

Councillor, and $12,000 (plus GST) per annum for Mayor. Subject to budget funding,

Councillors may exceed this annual limit to participate in the Australian Institute of

Company Directors Course and other professional development opportunities if they are

considered appropriate and received approval by the CEO. This expenditure includes

registration, accommodation, and related travel and incidental expenses.

All registration, travel and accommodation arrangements and payment of costs will be

organised by Councillor Support. Councillors will provide Councillor Support with a

reconciliation (including receipts) of all expenditure incurred within 10 business days of

return, for the statutory registers to be updated.

Within two weeks of return from any interstate or overseas professional development

opportunity, the Councillor will provide a written delegate’s report for inclusion at the next

practicable Ordinary Council Meeting.

Councillors undertaking higher investment courses such as AICD, will be required to sit the

accreditation.

A Councillor who does not complete the accreditation will be required to refund the

Council, unless exceptional circumstances exist as assessed by the Chief Executive Officer.

Training organised for all Councillors as part of the induction program or in-house

development program, will not be required to be reported as part of expense reports.

All other professional development opportunities costs will be publically reported, in

accordance with this Policy.

Attendance at local events and functions is a key part of a Councillor’s representative role.

Councillors will carefully consider if their attendance at an event or function truly relates to

the duties of office, and whether community resources should be used to pay for their

attendance.

Councillors are required to declare and avoid Conflicts of Interest and Misuse of Position in

accordance with the Act, Governance Rules and the Councillor Code of Conduct.

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Attachment 12.8.5

Councillors will avoid conflicts of interest (or perceptions of) that may arise as a result of

their attendance at events and functions, including the applicable gifts threshold.

Hospitality is a gift where a Councillor attends an event or function:



From free tickets the Councillor received and they have no official duties to perform.



With free membership.



Where the hospitality is generous.



Examples of hospitality that is not reasonable include:

‐

serving of alcohol under any circumstances;

‐

a 'fine dining’' working meal at another organisation’s premises or venue

booked or hired by another organisation; or



a free spot at an industry sports day.

Councillors will act in accordance with the Act, this Policy and the Councillor Gifts, Benefits

and Hospitality Policy.

If invited, Councillors will be supported to attend paid/non-paid events that:



Are Council-organised or Council-sponsored



Are held by councils, groups or organisations in the City of Brimbank or the

Metropolitan Region and have a ‘demonstrable benefit’ to the local community, as

defined at section 2.1.2.1



Melbourne-based events hosted by key community partners/stakeholder

organisations, departments or agencies, where an official invitation is received and

the Councillor has been invited in an official capacity and attendance has been

approved by resolution of Council or the Chief Executive Officer.



Are not conflicting with any Council policies or resolutions, for example, gambling,

and attendance can reasonably be seen to support the achievement of Council‘s

objectives.



Are a ticketed event for Councillors invited by written invitation to attend local

fundraiser/charitable events, where event benefits the City of Brimbank directly.



The cost of a Councillor’s partner or guest will be covered by Council. The ticket

may constitute an applicable gift under The Act for the Councillor if accepted free of

charge.

The Chief Executive Officer, in consultation with the Mayor, will determine appropriate

events for Council to purchase ‘a table’, if invited to do so. In principle, a table should be

purchased only if 50 per cent or more of Councillors are able to attend.

All event registration/ticket and payment for Councillors will be organised by Councillor

Support. Council will only cover the cost of the ticket price, and any incidental expenses

relating to transport, car parking or family care will be claimed as per section 10.2

Reimbursement.

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Attachment 12.8.5

12 

All formal civic hosting, for example, Council hosting a visiting delegation, will be by

approval by Council resolution. The resolution will include the benefit to the City of

Brimbank in providing the hosting function. Where insufficient notice is provided for

Council to consider hosting a delegation, the Chief Executive Officer will determine

whether the visit is to be approved, in accordance with this Policy, and the Councillor

Declaration of Gift, Benefits and Hospitality Form.

All approved civic hosting arrangements will be organised and paid for by Councillor

Support, as approved by the Chief Executive Officer.

Each Councillor will be provided with a web page on Council’s website – containing their

official headshot photo, contact details, ward map, representation on committees, and

ward meeting details. These will be discontinued or amended to include only minor details

during an election period.

Support will be provided to Councillors to participate in Councillor engagement in

accordance with the Community Engagement Policy. Councillors may undertake their own

community engagement activities at their own expense or seek the approval of the Chief

Executive Officer.

Councillors and members of delegated committees are entitled, under section 40 of the Act,

to reimbursement of bona fide expenses reasonably incurred in the performance of their

duties.

The following support is provided to assist Councillors and members of delegated

committees with local travel costs when conducting Council business. Councillors and

members of delegated committees are encouraged to consider the most environmentally

friendly modes of transport and should take into account the circumstances of a particular

situation including weather, time of day and distance.

Where possible, all travel should be by most direct route, and carpooling is encouraged

(where it is safe to do so) and where more than one Councillor attends the same event or

meeting

On and off-street car parking fees may be reimbursed and claims should be accompanied

by details stating the nature of Council business and date and time of activity.

Councillors shall have access to a Council supplied Myki card, via request to Councillor

Support team, to enable travel on trains, trams, buses and light rail journeys within and

outside the municipality. Any personal use will need to be reimbursed to Council.

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Attachment 12.8.5

Councillors can submit a claim for specific trips undertaken on Council business. Details

stating the nature of Council business and date and time of activity to be provided to

Councillor Support for maintaining in a register and for expense reporting purposes.

Cab-charge Cards issued to Councillors may be used for taxi services for Council business.

Cab-charge Cards are to be used by the cardholder only and must not be provided to any

other individual for use, or used for personal business.

Councillors should retain which will assist in the verification of nature of Council business,

date, time and cost of transactions. To assist the process, transaction statements will be

issued to Councillors. Councillors who incur taxis costs without use of a Cab-charge card

can make a claim for reimbursement.

Councillors and members of delegated committees are able use Uber – or an equivalent

registered service - for travel in relation to Councillor duties. Costs will be reimbursed and

claims should be accompanied by a tax receipt and claim form stating the nature of

Council business and date and time of activity.

Details of all services detailed above are to be provided to Councillor Support for

reimbursement and expense and reporting purposes.

Councillors wishing to use a car share scheme will be responsible for managing the

booking and logistics. Council will not be able to pay or reimburse annual subscription or

registration fees for car share schemes. Councillors will be reimbursed for use of car share

schemes where the expense was incurred undertaking Council business.

Councillors will comply with all parking restrictions and Road Rules, and will be personally

liable for any damage, or infringement penalties received.

Councillors and members of delegated committees are able to claim costs relating to use

of a private vehicle based on the following allowance rates may be claimed in accordance

with the rates as determined by the Australian Taxation Office.

A record of private vehicle use must be maintained by the Councillor and shall contain

details of Council business, date, destination and number of kilometres and any tolls.

Councillors and members of delegated committees will comply with all parking restrictions

and road rules, and will be personally liable for any infringement penalties incurred.

Councillors will also be required to have current registration and minimum third party

insurance in place. Separate reimbursement for insurance is not able to be claimed, as it is

covered in the allowance rates above.

Councillors and members of delegated committees may incur tolls including those

associated with the use of

while conducting Council business. Councillors may

seek reimbursement of costs associated with tolls, including the use of day passes or those

transactions incurred as part of existing personal e-tag accounts.

Council supplied e-tags will be provided for the Council fleet vehicle issued to the Mayor.

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Attachment 12.8.5

14 

4.1.7.1 Mayoral vehicle

To assist in meeting the demands and expectations placed on the Mayor, a Council

fleet vehicle shall be provided for use by the Mayor during their term. This will

include all associated costs including servicing, fuel and insurance.

The type of vehicle provided to the Mayor shall comply with the fleet policy. The

vehicle will be traded in accordance with the vehicle replacement policy, unless

otherwise authorised by the Chief Executive Officer.

The Mayor may also opt for a bicycle instead of a motor vehicle, for use during their

term. The Mayor will be required to undertake appropriate safety training prior to

initial use.

The Mayor will use the vehicle primarily to carry out their duties of office, and may

also use the vehicle for reasonable private use. The Mayor should ensure they seek

appropriate financial advice from an expert in relation to their tax position if they

choose to use a Council fleet vehicle. Requests related to support for disability - or

family care-related requirements to the vehicle, such as the provision of child seats,

can be made through the Chief Executive Officer.

The Mayor will comply with all parking restrictions and road rules, and will be

personally liable for any infringement penalties received.

If the Mayor does not require a Council vehicle, and chooses to use their private

vehicle/s to carry out their duties of office, an allowance in accordance with 4.1.5

applies.

4.1.7.2 Councillor access to fleet vehicles

When available and practicable, and by prior arrangement through Councillor

Support, a Council fleet vehicle may be made available to a Councillor for travel

outside the municipality, where use of private vehicle or other means of transport is

not possible or is cost prohibitive.

Councillors will fill be responsible for filling out the logbook in a fleet vehicle.

Councillors will comply with all parking restrictions and Road Rules, and will be

personally liable for any infringement penalties received.



When travelling on Council business in outer metropolitan Melbourne and regional Victoria,

Councillors may require accommodation. Councillors can stay in reasonable

accommodation appropriate to the area travelled to and the nature of the visit.

Bookings for accommodation should be made through Councillor Support team. Prior to

making the booking, the authorisation of the Chief Executive Officer or delegate must be

obtained. All reasonable sustenance and incidental costs associated with outer

metropolitan Melbourne and regional Victoria travel will be met by Council. If travel

includes attendance by a partner, spouse, companion or children, Council will only cover

expenses in accordance with Section 2 of this Policy.

As part of their duties, the Mayor, Deputy Mayor and Councillors may be required to

undertake interstate and international travel on behalf of Council. Representation of Council

at national/international levels can be an important part of developing, communicating and

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Attachment 12.8.5

implementing Council policy and includes:



Travel to investigate issues, projects or activities of relevance to actions contained

in the Council Plan and other policies and programs including those relating to

portfolio responsibilities.



Attendance at conferences, workshops and forums as either a presenter or a

delegate on topics relating to Council’s policies, aims and projects or on areas of

professional development for Councillors.

Where a request is initiated by Councillor and approved by the Chief Executive Officer for

travel that includes attendance by a Councillors partner, spouse, companion or children

scheduling will be processed in conjunction with the Councillors bookings for each

additional attendee by the Councillor Support team. A Council tax invoice will be raised to

the Councillor for the full cost incurred excluding any expense for Councillor duties, with

payment required by Councillor in full within three month of the invoice date by Council.

Additional expenses will be paid in accordance with Section 2 of this Policy. Failure to

reimburse Council within this period will be considered a breach of the Code and will be

reported in accordance with the Act.

4.2.1.1 Proposal to travel by Mayor, Deputy Mayor and Councillors

All proposals relating to international travel by the Mayor, Deputy Mayor and

Councillors requires the approval by resolution of Council. Such proposals should be

presented in a report by the relevant Director or Manager, including identification of

how the proposal will underpin or support Council’s Council Plan actions, key

strategies or Portfolio responsibilities, and the costs of the proposal.

Interstate travel does not require approval by Council. Financial thresholds and

requirements as per section 2.1.4 apply. A Councillor must report interstate and

international travel to Council in accordance with this Policy, including a

conference/post travel report, and a briefing to Councillor colleagues.

4.2.1.2 Leveraging opportunities – additional stakeholder meetings

If a Councillor wishes to include additional meetings relating to their Councillor

duties on either side of a conference or professional development opportunity, they

must request this in writing to the Mayor and Chief Executive Officer. If determined

to be appropriate, the meeting/s will be organised by the relevant Director.

Approval to represent Council will be required regardless of whether an expense is

incurred.

4.2.1.3 Undertaking Council business while on private travel

If the Mayor, Deputy Mayor or Councillor proposes to officially represent the Council

while on private interstate or overseas travel, authorisation should be sought in line

with approval processes and requirements outlined above in 4.2.1.2. Approval to

represent Council is required regardless of whether or not expenses will be incurred.

4.2.1.4 Partner/companion travel

The cost of a partner, spouse, companion or children accompanying a Councillor on

a business trip is the financial responsibility of the Councillor for payment (as a

personal cost). If a partner, spouse, companion or children wishes to accompany a

Councillor in a private capacity, such travel is able to be booked through Councillor

Support. Any costs incurred by the person accompanying the Councillor in a private

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Attachment 12.8.5

16 

capacity will not be funded by Council. It is the responsibility of the Councillor to

reimburse all private or personal costs to Council, within three months of the cost

being invoiced. Failure to reimburse Council within this period will be considered a

breach of the Code.

4.2.1.5 Non-Council funded travel

Offers of sponsored travel from international organisations, foreign governments,

educational institutions and industry bodies can be considered provided that:

‐

The offer of travel is not made in exchange for, nor with an expectation of,

the granting of favourable treatment

‐

The acceptance of the offer does not give rise to an actual or perceived

conflict of interest

Care must be taken to ensure that there is no conflict of interest in such situations

with Councillors being seen to use the status of their office to advance the interests

of other organisations or interest groups.

Overseas or interstate visits in relation to invitations from inter-governmental,

official agencies, governments or private organisations (where all or part of the

costs are to be met by the Council) are subject to this policy.

Councillors should seek advice from Council officers before accepting any sponsored

travel.

Travel at the expense of other parties should be in accordance with the standards of

the sponsoring organisation. Supporting documentation should be provided

confirming both external funding arrangements and appropriate authorisation by the

host city or organisation for such travel by Councillors.

Councillors undertaking private travel arrangements in conjunction with Council

approved and funded travel, must ensure that all costs incurred with private travel

are clearly delineated from Council funded travel arrangements.

Travel and accommodation arrangements will generally not be made in anticipation of

approval. However, it is recognised that in some circumstances, tentative arrangements

may need to be made to secure the most cost effective airfare and accommodation

options.

All travel and accommodation reservations apart from private travel and non-council

funded travel, should be booked through Councillor Support. To permit the option for

bookings to be scheduled by Councillor Support team for travel by a partner, spouse,

companion or children; Councillors must confirm arrangements for travel and

accommodation with the Councillor Support team at the same time as requesting their

own arrangements.

The Councillor will be responsible for all costs incurred for travel of additional parties,

including insurances and where applicable any cancellation fees.

When travelling, Councillors will need to maintain accurate documentation relating to

expenses incurred.

4.2.3.1 Insurance

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Attachment 12.8.5

Councillors are covered by Workcover under the Workplace Injury Rehabilitation and

Compensation Act 2013, both in Australia and overseas. Councillors are also

covered by Council’s Personal Accident and Corporate Travel Insurance policy. This

covers Councillors whilst engaged in any activity connected with or on behalf of the

Council. Non-business related travel and non-business related items are not covered

by this policy. Any non-business related travel including travel by a Councillor and

travel by a partner, spouse, companion or children will require consideration by

Councillor to seek independent travel insurance.

4.2.3.2 Passport and visas

Councillors travelling overseas on Council-related business are responsible for

ensuring that they have a current passport and obtain any required visas. Costs can

be reimbursed by the Council.

A Councillor will be responsible for ensuring that any additional travel by a partner,

spouse, companion or children, have a current passport and obtain any required

visas. No reimbursement by Council will be available for additional parties.



When using mobile devices while on international travel, Councillors should avoid

excessive communication costs and are encouraged to use internet services provided

through place of accommodation.

Councillors on leave of absence will store their devices securely, or have their ICT devices

appropriately managed by Councillor Support, including an out of office message and

disabling of data roaming, as appropriate. Where a Councillor travels overseas on Council

business, ICT staff will ensure appropriate international roaming on the Council ICT device

before the Councillor leaves.

Councillors must submit any claims for reimbursement within 30 days of return.

Councillors will be required to complete a Claim form via the Councillor Portal, with claims

supported by accounts and other receipts.

The exchange rate to be applied by Councillors when making claims and reconciling

expenses shall be the rate identified by a banking institution or credit card company as

being the closing rate on the day of departure for travel, or on the day of transaction,

where a credit card is used.

All travel and associated expenses will be reported in accordance with the Act, this Policy

and the Public Transparency Policy.

Section 42 of the Act, ensures that the Mayor and Councillors have the tools, services and

facilities necessary to undertake their roles.

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18 

Communication equipment and services shall be provided to assist Councillors in the

conduct of Council business.

Councillors will be provided with an iPhone, an iPad and a laptop, in accordance with

Council’s ICT procurement contracts. The devices will be Wi-Fi, Bluetooth and mobile data

enabled. In car phone kits will be provided if requested. Councillors can be provided with

portable printers, on request.

Councillors will be provided with a maximum 6GB data plan for Council business, and

unlimited storage plans.

A multifunctional device (to scan, print, email, copy) will be provided in the Councillor

offices, to facilitate communication relating to the Councillor’s duties.

Councillors will not have access to delete any Council standard applications provided on

the iPhone and iPad.

5.1.1.1 Broken and faulty devices

For the safety and protection of these Council assets, cases will be provided for

assets. If an asset is taken out of its case, it is the responsibility of a Councillor to

replace it with another case.

Councillors will present a broken or faulty device to Councillor Support for repair or

replacement. Broken items will only be replaced once per year per Councillor, and

reported in accordance with this Policy and the Public Transparency Policy.

A Councillor must report a stolen device to the Victoria Police and to Councillor

Support as soon as possible. Stolen devices will be replaced on receipt of a police

report.

Every 12 months devices are recalled by the Councillor Support team to be tagged

and tested to ensure the device meets required standards. Any product not found to

meet the requirements will be repaired or replaced as required.

Councillors will act in accordance with Brimbank City Council’s Mobile Phone Policy,

Acceptable Use of ICT Resources Policy, Mobile Computing Device Policy, Internet & Email

Security Policy, and the Information Security Policy.

5.1.2.1 Non-Council related use

Council phones and mobile data enabled devices will be provided to support a

Councillor to undertake their duties, however, it is recognised that for practical

reasons, a Councillor may make a reasonable number of non-Council related calls.

They may also make reasonable personal use of mobile devices, including mobile

data.

Each Councillor will be responsible for determining the personal use to be

reimbursed to Council. The Chief Executive Officer may also determine where a

Councillor’s personal phone or data use charges is beyond reasonable limits, and

require reimbursement.

International calls will not be considered reasonable use unless a Councillor is

conducting Council business (such as related to a conference/tour that has been

approved by a resolution of Council). Telephone calls to information/ service

providers which incur a significant per minute charge will normally not be

considered reasonable use. App store purchases will not be covered by Council and

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Attachment 12.8.5

must be reimbursed.

Councillors must not, under any circumstances, use Council provided equipment for

private business purposes, including making telephone calls and using data

(internet/email).

Councillors who take leave from their Councillor duties for 2 weeks or more, are

required to provide devices back to Council for the duration of their leave.

Councillors electing to use their own equipment will be entitled to receive a

reimbursement package to cover the costs of equipment use and consumables

expenses relating to Councillor duties in accordance with this Code.

Itemised bills will be provided to each Councillor on request. Councillors will

reimburse Council in accordance with Section 10 of this policy, on a monthly basis.

Failure to reimburse Council for personal use that is deemed to be beyond

reasonable limits by the Chief Executive Officer will be considered a breach of the

Code and be reported in accordance with the Act.

The issued items remain the property of Council, are recorded in Council’s Asset

Register, and must be returned at the end of the Council term.

Councillors are responsible to ensure that fully charged Council issued devices (iPad,

IPhone and laptop) are brought to all scheduled meetings, along with plugs and

charges as a supply backup.

Administrative support will be provided to the Mayor for work directly related to the duties

of office, acknowledging the responsibilities and greater level of commitments and

expectations placed on the Mayor. All support will be overseen by the Manager

Governance, and undertaken by Councillor Support.

Limited administrative support is available to Councillors for work directly related to their

duties of the office. All support will be overseen by the Manager Governance, and

undertaken by Councillor Support.

The following activities are deemed inappropriate for council staff to engage in at the

request of Councillors:



Undertaking personal errands or tasks unrelated to council work



Management or handling of personal finances or private business matters.



Provision of support for personal social events or parties.



Assistance in any individual political campaigning activities.

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Attachment 12.8.5

20 



Writing of notices of motion, debate notes for Council meetings, etc.

It is essential that council staff's time and resources are used effectively for the benefit of

the community we serve. Council staff are here to support the functions of the council and

not for personal or political tasks. This policy aims to ensure that the relationship between

Council staff and Councillors remains professional and focused on serving our community.

All information for Councillors, including Council, portfolio and committees agendas and

minutes, request status updates, and invitations, will be available through the Councillor

Portal.

When communicating with constituents, Councillors are encouraged to use electronic

formats. Where postage services are required on Council business related matters,

Councillors shall have access to postal services which will be arranged through Councillor

Support.

Standard stationery will be made available in the Councillor Offices. Stationery will include

paper, writing implements and pads, envelopes and a diary (on request). Councillors will

not modify Council stationery in any way and will only use reasonable supplies for carrying

out their duties of office. The supply of stationery will be organised by Councillor Support.

Councillors will not use any Council stationery for any personal, business, political or

election-related purposes.

A photocopier is provided in the Councillor Offices for a Councillor to undertake small

amounts of photocopying directly related to carrying out their duties of office.

Photocopying on behalf of external groups or organisations is not permitted. Photocopying

is a reportable expense and Councillors will not use for any personal, business, political or

election-related material.

Councillors will be provided with an internally-produced media monitoring record (Media

Watch).

Annually, Councillors will have the option of a subscription to the Age and/or Herald Sun

online newspapers.

Councillors will be provided with subscription copies of key local government industry

publications.

Councillors will be given the opportunity of sending corporate Christmas/Festive Season

cards. These shall be available in electronic format.

Councillors will not use images for any personal, business, political or election-related

material.

On request, Councillors will be given access to the Council image library for carrying out

their duties of office. The images remain the property of Council (copyright) and will only

be used by Councillors for a specified and approved purpose.

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Attachment 12.8.5

At request from Councillor to Councillor Support, Councillors will be able to update their

official Councillor headshot (using a Council-engaged photographer) each year.

Councillors will not use images for any personal, business, political or election-related

material. All image access and use must be approved by the Manager Media and

Communications.

Councillors will be provided with a Councillor name badge (approved Councillor format) for

use while carrying out their duties of office.

Councillors will be provided with a Councillor business card (approved Councillor format)

for use while carrying out their duties of office.

On request, the business card may include a Councillor’s Facebook, LinkedIn or other

social media address (set up and maintained by a Councillor for the purposes of their role),

but not a personal Facebook, LinkedIn or other social media address.

On request, Councillors will be able to access an item/s of uniform or use while carrying

out their duties of office, up to a value of $1,000 (excl. GST) per term, including any

Council branding requirements. The item must include the Brimbank Council logo. All

items will be organised by Councillor Support, in consultation with the Councillor. Uniforms

may not be worn for election related events or activities and if the Office of Councillor is

ceased.

To assist Councillors in meeting the demands and expectations while conducting Council

business, the following internal sustenance arrangements shall be offered to all

Councillors:



Reasonable refreshments served on Council premises during meetings of Council

business. The type of refreshments shall depend on the nature of the meeting,

timing and attendees.



Reasonable meals served during evenings of Committees, Council and other key

meetings.



Provision of light refreshments in the Councillors’ Offices.

Catering for the above will be provided by Council’s contracted catering panel.

Alcohol will not be served or made available, except at official Council functions, as

approved by the Chief Executive Officer. Non-Council business related functions organised

by a Councillor must be paid for by the Councillor.

Where a Council Meeting is held by virtual livestream, a Councillor has an option to order a

meal to their location and submit through the Councillor Portal request for reimbursement

a claim for the cost of the meal to a total value of the reasonable amount for overtime

meal expenses as published by the Australian Taxation Office, with the supply of a tax

receipt.

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Attachment 12.8.5

22 

Due to the special role of the Mayor, a separate office is provided in the Councillors Office,

including a computer and landline, for the Mayor to carry out their duties.

Councillors are provided with a shared office area - the Councillors Office - at Brimbank

Community and Civic Centre, reserved solely for Councillor use. The Councillors Office will

be equipped with three workstations, including landlines and a multifunctional device (to

scan, print, email, and copy), a lounge and dining area, and a separate meeting room. The

shared office area will be suitable for office work, reading, research, and small meetings.

Visitors can only be provided access if accompanied by a Councillor.

Councillors will be provided with a security card allowing 24 hour access to the Councillors

Office. The Mayor will also have access to the Mayor’s office. Parking spaces are available

at the Brimbank Multi deck carpark.

Councillors can book meeting rooms at Council-managed venues, subject to availability,

for meetings where the primary purpose is for the Councillor to carry out their duties. The

Councillor must be in attendance at the meeting. Councillors are required to schedule the

use of any meeting room at Council-managed venue through Councillor Support. Due to

the limited space available, meeting must be scheduled on an individual booking and not

able to be a standing booking. e.g. not available to book for a monthly, school term or

annual booking.

Requests made to Councillors by community, charitable or non-profit organisations for

meeting rooms/venues, should be referred to the appropriate operational area for

assessment against policy and previously determined criteria. This includes requests by

external organisations for single, occasional or on-going access to meeting facilities for the

conduct of that organisation’s business.

As a general operating principle, in circumstances where individual Councillors, in pursuing

an issue or project, believe it is beneficial to arrange a function involving a large number of

people, this should be arranged in consultation with the appropriate operational area. Such

functions should be funded by the relevant area, therefore ensuring attribution of the cost

to the project or issue. Where the cost cannot be attributed to a project or issue and the

matter relates to Council business, the function will require the approval of Council via

resolution.

A Councillor viewing a Council file must do so in the presence of the relevant Director, or

Manager nominated by the Director.

Documents cannot be removed from files or the Council premises (other than copies made

available by the Chief Executive Officer/Director). Councillors will be unable to access

Council’s electronic document management system, however copies of approved

documents may be made electronically available (email or portal) by the Chief Executive

Officer/Director. A Councillor requesting to view a public register must do so through the

statutory process (filling out a form and viewing the register in the presence of a Council

officer).

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Attachment 12.8.5

A Councillor will request information through the Chief Executive Officer or relevant

Director.

If the information is public, it will be circulated to all Councillors. If the information is

confidential or potentially restricted, the Councillor will also provide the purpose they

require the information for. The Chief Executive Officer /Director will contact the Councillor

to discuss the matter, and if the information is able to be viewed/disclosed, will organise

an appropriate response as soon as possible.

Provisions relating to confidentiality and privacy are set out in section 4.8 of the Code.

Councillors may not be able to access information that protected by legislation (including

the Protected Disclosure Act 2012, and Privacy and Data Protection Act 2014), designated

as ‘commercial in confidence’ or is privileged legal advice.

The organisation will provide professional advice and recommendations to Councillors via

Council reports. A forward plan of proposed Council business for the upcoming fortnight

will be maintained and made available to all Councillors on the Councillor Portal (updated

weekly).

The preparation and submission of these reports will generally be based on:



: These reports are necessary to implement actions of the

adopted Council Plan and Budget, as well as related policies and strategies.



: The proposal brings up an issue of significant public interest.



: The proposal introduces an issue of policy or process not covered by

existing policy or practice.



: The proposal is deemed to require community consultation to receive

feedback from affected communities and stakeholders.



: The proposal has caused substantial public objection or is likely to do so.



: The Chief Executive Officer or delegate recommends approval of the proposal,

but such approval would be, or could reasonably appear to be, inconsistent with a previous

decision or decisions.



: Implementation of the proposal would require expenditure of

Council funds not specifically provided for in the budget.



: The Chief Executive Officer or delegate believes that the proposal or

any issue arising from it should be decided by the Council rather than the organisation.



: Any Councillor has expressed a desire to call in the proposal for

Council consideration.



: Appropriate reporting as determined by legislation, policy, plan, and

strategy.

Section 41 (c) and (d) of The Act provides for the reimbursement of child care costs to

Councillors and delegated committee members where the provision of child care is reasonably

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Attachment 12.8.5

24 

required for a Councillor or member of a delegated committee to perform their role. The Act

provides for re-imbursement of child care costs for children 0-15 years old where the

Councillor is a carer in a care relationship as stated in the

, and/or

the

.

Reimbursement of costs will be available for immediate family only, that is, where the

Councillor or domestic partner is the primary care giver.

Council will reimburse the Councillor for carer expenses paid to:



An accredited child care/attendant care provider/nanny or



A person providing care who does not:

‐

have a familial or like relationship with the Councillor, or

‐

reside either permanently or temporarily with the Councillor - except where a

live-in (professional) helper, such as a nanny, is required to work extra time

at extra expense because of the Councillor’s duties, or

‐

have a relationship with the Councillor or their partner such that it would be

inappropriate for Council to reimburse monies paid to the care provider.

Councillors who require carer or support services for other immediate family members

should raise the matter with the Chief Executive Officer, or delegate, who shall advise on

possible arrangements including reimbursement processes.

Requests for reimbursement will be processed on receipt of the following by Councillor

Support:



Councillor Claim Form – including details on the reason care was needed (official

Councillor duties)



Copy of receipt (clearly identifying the registered provider, type of service, date and

time of service, hourly rate and hours of service, provider signature and total

payment received).



A Statement by a Supplier Form required if the provider does not quote an

Australian Business Number (ABN).

Fees will be payable per hour or part of an hour (subject to any minimum period which is

part of the provider’s usual terms). Block or full day care options are available if

appropriate to support the Councillor’s duties of officer, with the approval of the Chief

Executive Officer or delegate.

Maximum fees will be determined as rates not exceeding reasonable market rates

available within the municipality.

Delegated committee members will make claims for reimbursement for family care by

supplying relevant details for the request for reimbursement by email to the Councillor

Support team.

The Chief Executive Officer or delegate will assess and approve reasonable support - through

additional facilities and expenses - to allow a Councillor or member of a delegated committee

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Attachment 12.8.5

with a disability to perform their duties of office.

Councillors may be able to access Council’s Employee Assistance Program (EAP)

counselling service – Councillor Support, to assist with their health and wellbeing during

their term of office. Access to this program can be requested through the Chief Executive

Officer or delegate.

As appropriate, Councillors will be loaned protective clothing to meet safety requirements

in carrying out the duties of office (for example, high visibility vests for site visits).

Councillors will return any protective clothing at the completion of the activity/ duty.

At the start of a Mayoral term the Mayor will be supplied with a single pair of steel caped

safety boots to wear as instructed when this PPE is required. This item will be available to

be retained by the Mayor.

This section outlines the legal and insurance protections, and support exemptions, for

Councillors.

Councillors will comply with all relevant laws and regulations and adhere to Council‘s

confidentiality, legal and privacy requirements. Councillors will act in accordance with

legislation, all Council Policies adopted under the Act, the Councillor Code of Conduct,

Council’s ICT policies, and Livestreaming of Council’s Meeting Policy.

A Councillor may seek legal advice at their own expense – including advice relating to

conflicts of interest – but must not direct Council officers to do so.

Council will not pay for any legal advice organised or commissioned by a Councillor

(including advice that relates to their duties of office or Council matters). Any legal advice

relating to Council matters will be procured through the Chief Executive Officer (or their

delegate), in accordance with the Code of Conduct and the Act.

Council will not bear the costs of legal representation for any party in a dispute resolution

process. For avoidance of doubt, this does not affect the ability of any party to a dispute to

seek their own legal advice. Where a party procures their own legal advice, the cost of the

legal advice will not be paid or reimbursed by Council.

Public Council meetings are an open forum. Occasionally some things that are said may be

regarded as defamatory.

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Attachment 12.8.5

26 

Defamation occurs when statements are made and published about a person, which

causes injury to that person’s reputation by disparaging them, causing others to shun or

avoid them, or subjects them to hatred, ridicule or contempt.

Councillors may have legal protection against defamation under ‘qualified privilege’ when

undertaking their duties of office, however, only when comments are made in good faith

and without malice.

This includes comments made when undertaking the duties of office in a Council Meeting,

to the media, at events, in hard copy or electronic publications.

Third parties may attempt to hold Council liable for defamatory statements made by

Councillors during a Council meeting. This risk is increased if the meeting is recorded and

published online or made available to the public. In that case, Council may be liable for

defamatory statements made by Councillors or members of the public, as it has published

those comments.

In the event a Councillor makes an intentional defamatory comment, Council will not

provide resources to legally defend the Councillor, and the Councillor may face disciplinary

action and/or could be sued in their personal capacity. Council will not provide legal advice

in relation to the liabilities of a Councillor.

Councillors and delegated members of committees are covered under the following Council

insurance policies on a 24 hour basis while undertaking their duties of office, including

attendance at meetings of external bodies as Council’s representative or delegate:



Public Liability



Professional Indemnity



Councillors and Officers Liability