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12.6
Councillor Conduct And Governance Policies
12.6
Councillor Conduct and Governance Policies
Directorate
People, Partnerships and Performance
Director
Georgie Hill
Manager
Danny Bilaver
Attachment(s)
1. Model Councillor Code of Conduct [
12.6.1
- 4 pages]
2. Councillor Code of Conduct ready reckoner [
12.6.2
- 35
pages]
3. Draft Councillor Code of Conduct Internal Dispute
Resolution Procedure 2025 [
12.6.3
- 8 pages]
4. Draft Brimbank Social Media for Councillors Policy 2025
[
12.6.4
- 12 pages]
5. Draft Councillor Occupational Health and Safety Policy
2025 [
12.6.5
- 9 pages]
Purpose
For Council to note the Model Code of Conduct prescribed by the Local Government
Regulation and to consider adoption of an Internal Dispute Resolution Procedure, a
Councillor Social Media Policy, and a Councillor Occupational Health and Safety Policy.
Officer Recommendation
That Council:
a. Notes the Model Code of Conduct as prescribed by the Local Government
Regulations in Attachment 1.
b. Notes the ‘ready reckoner’ in relation to Council’s Councillor Code of
Conduct in Attachment 2 and endorses the recommendations contained
in it on the transfer of relevant content to other policy documents.
c. Adopts the Internal Dispute Resolution Procedure as outlined in
Attachment 3.
d. Adopts the Councillor Social Media Policy as outlined in Attachment 4.
e. Adopts the Councillor Occupational Health and Safety Policy as outlined
in Attachment 5.
f. Notes the update in relation the development Model Governance Rules
and a Model Transparency Policy.
Background
The Local Government (Governance and Integrity Amendment) Regulations 2024 were
finalised on 22 October 2024, bringing with them significant changes to how Councillors
and councils operate. Included within these changes was the introduction of the Model
Councillor Code of Conduct and replacing the provisions relating to the prescribed
internal arbitration processes.
As of 26 October 2024, all Councillors across Victoria are required to follow the Model
Councillor Code of Conduct. This Model Code, which is outlined in Schedule 1 of the Local
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Government (Governance and Integrity) Regulations 2020, replaces the previous system
where councils developed their own codes.
The Model Code defines the specific behaviour and conduct standards expected of
Councillors in their official roles, ensuring consistency and clarity across the State. Its
purpose is to establish a clear framework aimed at enhancing Councillor conduct and
promoting accountability. Additionally, councils are required to adopt their own Internal
Resolution Procedure in relation to the Model Code.
Earlier consultation of the Regulations also considered mandatory implementation of a
Councillor Social Media Policy. The final Regulations do not mandate these policies.
Instead, these provisions were strengthened within the Model Code itself. However, in
alignment with best practice, it is considered appropriate that Council considers adoption
of a Councillor Social Media Policy.
Additionally, the Councillor Occupational Health and Safety Policy has been developed to
outline Councillor’s responsibilities under the Occupational Health and Safety Act 2004
and Occupational Health and Safety Regulations 2017 and to set out Councillor’s and the
organisation’s obligations in respect of occupational health and safety.
Matters for Consideration
1. Model Code of Conduct
The Model Code of Conduct is now prescribed under Local Government Regulations,
providing a standardised framework for ethical and accountable Councillor behaviour. A
review of Council’s previous Councillor Code of Conduct has been undertaken to assure
that information contained in the previous Code is adequately reflected in the current
Model Code or any other Council policy as detailed in the ‘ready reckoner’ below and in
Attachment 2
. Note, there is no intent on duplicating any material contained in existing
policy or legislation.
The attached ready reckoner outlines where content from the Councillor Code of Conduct
is adequately covered in other documents (comments in red), and where useful content
may need to be retained (comments in green). In summary most of the content is
covered in legislation or existing policy, except for:
•
The express statement of Councillor’s commitment, which is not a requirement
(s1.3);
•
Commentary on binding caucus votes (s4.1), interactions with Members of
Parliament (s6.3) and meetings with planning permit applicants (s6.4). These
are recommended to be updated in the Public Transparency Policy.
•
Commentary on representation at Civic Events, Functions and Delegations and
representation protocols (s8.9). This content could be moved to the Media and
Spokesperson Protocol.
•
Use of the Mayoral Chain (s8.10). This will be covered by an internal procedure.
2. Internal Dispute Resolution Procedure
The
Local Government Act
2020 (the Act), under sections 139 and 140 prescribes that
councils must adopt an Internal Dispute Resolution Procedure that deals with breaches of
the Model Code of Conduct.
The Procedure developed
(Attachment 3)
aligns with the Act and supports constructive
resolution of disputes between Councillors. The process emphasises conciliation and
collaboration, reducing disruption and fostering effective working relationships.
This Procedure encourages Councillors to resolve disputes informally where possible. It
sets out a clear, staged process for handling complaints, including direct discussion,
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conciliation, and, if necessary, escalation to arbitration (external process). The process
detailed in the Procedure largely follows the process contained in the previous Councillor
Code of Conduct.
The Procedure operates alongside, and does not replace, the formal dispute resolution
procedures outlined in the Act. The formal dispute resolution procedure applies to
misconduct, serious misconduct and gross misconduct. Section 141 of the Act provides
for an internal arbitration process concerning a breach of the Standards of Conduct set
out in the Model Councillor Code of Conduct.
3. Councillor Social Media Policy
The Councillor Social Media Policy provides guidance for Councillors on responsible use of
social media to engage effectively with the community while minimising risks such as
legal liability, confidentiality breaches, and misinformation. It aligns with the Model
Councillor Code of Conduct.
As per Local Government Victoria’s “Guidance on the Model Councillor Code of Conduct
October 2024”, the policy has been developed “to avoid breaching the Model Code of
Conduct, Councillors should act consistently with any social media or communications
policies or protocols that their own Council has developed to guide the responsible use of
social media by Councillors.”
This policy highlights the benefits and risks of social media for Councillors. It provides
guidelines on responsible use, protecting Councillors from legal risks, and promoting
transparency and engagement with the community. Councillors are encouraged to use
social media to foster trust but must do so in line with the Model Councillor Code of
Conduct.
The policy also highlights:
•
Councillors who opt to use social media must ensure their actions align with
governance principles, avoid discrediting the council, and manage their
platforms responsibly.
•
Councillors retain the right to express personal views but must not post content
that breaches the Model Code of Conduct or the law.
•
Councillors are to take steps to moderate or remove inappropriate content from
their platforms to maintain a constructive environment.
•
It includes guidelines for Councillors to clarify their personal views versus council
representation on social media.
•
Scenarios and examples are provided to illustrate proper conduct, helping
Councillors navigate specific challenges.
•
Social media content created by Councillors is not considered a public record, but
care should be taken to comply with privacy and confidentiality requirements.
4. Councillor Occupational Health and Safety Policy
This policy outlines Council's commitment to maintaining a safe environment for
Councillors, addressing physical and psychological health, and ensuring compliance with
the Occupational Health and Safety Act 2004 (OHS Act). It promotes proactive safety
management and Councillor wellbeing.
This policy ensures Councillors understand their health and safety responsibilities under
the OHS Act. It covers physical and psychological safety and provides processes for
reporting hazards and incidents. It also promotes a proactive culture of safety, including
access to mental health and wellbeing support. The policy has been developed in
recognition that Councillors have role to play in supporting the CEO in meeting
obligations to Councillors and staff under the OHS Act and associated Regulations.
5. Model Governance Rules and Transparency Policy
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In 2023, IBAC published the Operation Sandon Special Report, which investigated claims
of corruption involving Councillors and property developers at Casey City Council. The
report made 18 recommendations to the Minister for Local Government to strengthen
public trust in council decision making. Seven of these recommendations have already
been implemented through updates to the Local Government Act 2020 and the Local
Government (Governance and Integrity) Regulations 2020.
To address the remaining recommendations, Local Government Victoria has initiated
work to develop and introduce Model Governance Rules to promote best practice council
meeting procedures and a Model Transparency Policy to promote council openness and
transparency.
A Local Government Steering Committee, including representatives from peak bodies
and council groups, has been established to oversee and guide this initiative. Councils
across the state will have the chance to participate in consultations throughout 2025.
Local Government Victoria is working towards having the Model Public Transparency
Policy published by July 2025 and the Model Governance Rules published by December
2025. As such, previously scheduled reviews of Council’s Governance Rules and Public
Transparency Policy will no longer be conducted at this time. Council officers, in
discussion with Council, will, however, engage with Local Government Victoria's
consultation process to ensure our needs are reflected in these Statewide models.
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 impacts.
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.
Council officers contributing to the preparation and approval of this report, have no
conflicts of interests to declare.
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Attachment 12.6.1
2
Schedule 1 – Model Councillor Code of Conduct
(As per Section 139 of the Local Government Act 2020 and
Regulation 12 of the Local Government (Governance and Integrity) Regulations 2020)
Definitions
In this Schedule—
discrimination
means unfair or unfavourable treatment of a person on the grounds of an
attribute specified in section 6 of the
Equal Opportunity Act 2010
.
1. Performing the role of a Councillor
A Councillor must do everything reasonably necessary to ensure that they
perform the role of a Councillor effectively and responsibly, including by—
(a) representing the interests of the municipal community by considering
and being responsive to the diversity of interests and needs of the
municipal community; and
(b) being fit to perform the role of a Councillor when acting in that capacity
or purporting to act in that capacity; and
(c) diligently using Council processes to become informed about matters
which are subject to Council decisions; and
(d) not performing or purporting to perform any responsibilities or functions
of the Chief Executive Officer; and
(e) acknowledging and supporting the Mayor in the performance of the role
of the Mayor, including by—
(i) respecting and complying with a ruling of the Mayor as the chair
of Council meetings (unless dissenting from the ruling in
accordance with the Council's Governance Rules); and
(ii) refraining from making public comment, including to the media,
that could reasonably be perceived to be an official comment on
behalf of the Council where the Councillor has not been
authorised by the Mayor to make such a comment.
2. Behaviours
(1) A Councillor must treat others, including other Councillors, members of
Council staff and members of the public, with dignity, fairness, objectivity,
courtesy and respect, including by—
(a) not engaging in demeaning, abusive, obscene or threatening
behaviour, including where the behaviour is of a sexual nature; and
(b) not engaging in behaviour that intentionally causes or perpetuates
stigma, stereotyping, prejudice or aggression against a person or class
of persons; and
(c) not engaging in discrimination or vilification; and
(d) supporting the Council, when applying the Council's community
engagement policy, to develop respectful relationships and
partnerships with Traditional Owners, Aboriginal community controlled
organisations and the Aboriginal community; and
(e) supporting the Council in fulfilling its obligation under the Act or any
other Act (including the
Gender Equality Act 2020
) to achieve and
promote gender equality; and
(f) ensuring their behaviours and interactions with children are in line with
the Council's policies and procedures as a child safe organisation and
obligations under the
Child Wellbeing and Safety Act 2005
to the
extent that they apply to Councillors.
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Attachment 12.6.1
3
(2) A Councillor, as an individual at the workplace, must take reasonable care for
their own health and safety and take reasonable care that their acts or
omissions do not adversely affect the health and safety of other persons by—
(a) adhering to applicable systems and policies put in place by the Chief
Executive Officer to manage risks to health and safety in the workplace;
and
(b) complying, so far as the Councillor is reasonably able, with any
reasonable instruction that is given by the Chief Executive Officer to
manage risks to health and safety.
(3) A Councillor must act in accordance with any policies, practices and
protocols developed and implemented under section 46 of the Act that
support arrangements for interactions between members of Council staff and
Councillors.
3. Good governance
A Councillor must comply with the following Council policies and procedures
required for delivering good governance for the benefit and wellbeing of the
municipal community—
(a) the Council's expenses policy adopted and maintained under section
41 of the Act;
(b) the Council's Governance Rules developed, adopted and kept in force
by the Council under section 60 of the Act, including in relation to—
(i) conduct in Council meetings or meetings of delegated
committees; and
(ii) requesting and approval of attendance at Council meetings and
meetings of delegated committees by electronic means of
communication; and
(iii) the Council's election period policy included in the Council's
Governance Rules under section 69 of the Act, including in
ensuring that Council resources are not used in a way that is
intended to influence, or is likely to influence, voting at a general
election or by-election;
(c) the Council's Councillor gift policy adopted under section 138 of the
Act;
(d) any direction of the Minister given under section 175 of the Act.
4. Integrity
(1) A Councillor must act with integrity, exercise reasonable care and diligence
and take reasonable steps to avoid any action which may diminish the
public's trust and confidence in the integrity of local government, including
by—
(a) ensuring that their behaviour does not bring discredit upon the Council;
and
(b) not deliberately misleading the Council or the public about any matter
related to the performance of their public duties; and
(c) not making Council information publicly available where public
availability of the information would be contrary to the public interest.
(2) A Councillor must not, in their personal dealings with the Council (for
example as a ratepayer, recipient of a Council service or planning applicant),
expressly or impliedly request preferential treatment for themselves or a
related person or entity.
5. The Model Councillor Code of Conduct does not limit robust public debate
Nothing in the Model Councillor Code of Conduct is intended to limit, restrict
or detract from robust public debate of issues in a democracy.
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Attachment 12.6.1
4
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Attachment 12.6.1
Councillor Code of Conduct Ready Reckoner
Content is not needed
Content is not captured and could be retained.
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
Section 1 – Introduction
1.1 Councillor’s important contribution to achieving Council’s values
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.
Section 1.1 not substantive content.
1.2 Legislative framework
The Local Government Act 2020
(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
Local Government (Governance and
Integrity) Regulations 2020
(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.
Section 2.2 is now redundant. The introduction
of the mandatory Model Code replaces the
prescribed Standards that were in Schedule 1 of
the Local Government (Governance and
Integrity) Regulations 2020 (as of 26 October
2024).
1.3 Councillors commitment
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.
This content could be retained, but it is non
binding and not necessarily required.
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Attachment 12.6.2
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
1.4 Purpose of this Code
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.
Section 1.4 is redundant now that the Model
Code has been introduced and the Standards
have been removed from the Regulations.
Section 2 – Roles and responsibilities
2.1 Role of Council
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.
2.2 Role of 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 Council, 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.
All of Section 2 (with exception of 2.3, role of
Deputy Mayor) just paraphrases roles and
responsibilities set out in the LGA.1 Suggest this
section is not required because it is detailed in
the Act.
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Attachment 12.6.2
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
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).
2.3 Role of the Deputy Mayor
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.
Role and powers of the Deputy Mayor are
outlined in s21 of the LGA.
2.4 Role 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.
As above. Section replicates sections of the
LGA and is not required.
2.5 Role of the CEO
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.
As above.
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Attachment 12.6.2
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
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 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.
2.6 Role of the Councillor Conduct Officer
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 Role of the Councillor Conduct officer is set
out in the “Support from Council” section of the
new
Internal Dispute Resolution Procedure
.
Functions of the CCO are also set out in section
151 of the LGA.
2.7 Role of the Principal Councillor Conduct Registrar
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
Public Administration Act 2004
.
The functions of the Principal Councillor Conduct Registrar are outlined in section 149 of the Act and
include (in summary):
Suggest this section replicates functions of the
PCCR outlined in s148 of the LGA and can be
removed.
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Attachment 12.6.2
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
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.
Section 3 – Standards of Conduct
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.
3.1 Treatment of others
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.
3.1.1 Discrimination
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.
Section 3 replicates the Standards which are
now in the Model Code of Conduct.
3.1 and 3.1.1 are covered in section 2 of the
Model Code
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Attachment 12.6.2
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
•
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.
3.2 Performing the role of Councillor
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.
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.
3.3 Compliance with good governance measures
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.
3.2 is covered in section 1 of the Model Code
3.3 is covered in section 3 of the Model Code
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Attachment 12.6.2
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
Any directions of the Minister for Local Government issued under section 175 of the Act
(governance directions).
3.4 Councillor must not discredit or mislead Council or public
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.
3.5 Standards do not limit robust political debate
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.
3.4 is covered in section 4 of the Model Code
3.5 is covered in section 5 of the Model Code
Section 4 – Other Prohibited Conduct
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.
4.1 Binding Caucus votes
A binding caucus vote is a process whereby a group of Councillors are compelled by a threat of
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.
Section 4 sets out misconduct provisions that
are contained in the LGA. This prohibited
conduct is still relevant, but replicates content
in the LGA. With the exception of commentary
on Binding Caucus votes which is
recommended to be transferred to the Public
Transparency Policy.
4.2 Misuse of position
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.
Content on Misuse of position is covered on
s123 of the LGA and broadly covered in sections
3 and 4 of the Model Code.
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•
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.
4.3 Directing a member of Council staff
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.
Directing a member of Council staff is covered
in s124 of the LGA and content is largely
covered in Councillor and Council Officer
Interaction Protocol. Section 46(3)(c) gives
responsibility to the CEO for
“managing
interactions between members of Council staff
and Councillors and ensuring that policies,
practices and protocols that support
arrangements for interaction between members
of Council staff and Councillors are developed
and implemented”.
4.4 Confidential information
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 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.
Confidential information is covered in section
125 of the LGA. Section 4(c) of the Model Code
prohibits making confidential information
public. Confidentiality is also covered in Part 9
of the Councillor Transparency Policy and also
likely to be covered in updated mandatory
Model Transparency Policy in December 2025.
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•
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.
Section 5 – Conflict of Interest
5.1 Disclosure of conflicts of interest
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
Section 5.1 Conflict of interest Is covered in Part
5 of the Governance Rules and in Division 2 of
Part 6 of the LGA.
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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).
5.2 Personal responsibility
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 whether
they have a conflict.
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The process for disclosing a conflict of interest is contained in Chapter 5 of the Brimbank Governance
Rules – Disclosure of Conflicts of Interest
Section 6 – Other conduct requirements
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:
6.1 Conduct based on race and religion
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.
6.2 Conduct considered bullying
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.
6.1 and 6.2 are covered in section 2 of the
Model Code.
6.3 Interactions with Members of Parliament
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.
Content on interactions with members of
Parliament is recommended to be transferred to
the Public Transparency Policy.
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6.4 Meeting with planning permit applicants
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
Meeting Record. Moreover, the Chief Executive Officer must make sure that a record of the
meeting is reported to the next available Council Meeting.
Meetings with related persons who are planning
permit applicants is covered in Section 4(2) of
the Model Code, but less detailed than
requirements here.
6.5 Fitness for duties
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.
Fitness for duty is covered in Section 1(b) of the
Model Code.
6.6 Interacting with children
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.
Interactions with children is covered in Section
2(f) of the Model Code.
Section 7 – Good Governance
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.
7.1 Overarching Governance Principles
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.
7.1 replicates the governance principles in
section 9 of the LGA.
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•
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.
7.2 Council decision-making
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 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.
The Public Transparency Policy covers the
requirement for transparency of decision
making processes. Section 6.3 of the Councillor
Support Policy covers the provision of
professional advice and recommendations from
Council staff.
7.3 Use of Council resources
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:
The Councillor Support Policy requires
Councillors to comply with Councillors will
Mobile Phone Policy, Acceptable Use of ICT
Resources Policy, Mobile Computing Device
Policy, Internet & Email Security Policy, and the
Information Security Policy. The proper use of
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•
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.
council resources is captured in 5.1.2 of the
Councillor Support Policy.
7.4 Gifts and benefits
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.
Content about gifts and benefits is covered in
the Councillor Gifts, Benefits and Hospitality
Policy.
7.5 External communications
Councillors recognise that, as representatives of the local community, they have a primary
7.5 replicates Media and Spokesperson Policy,
which outlines the role of spokespersons of
Council. The Model Code of Conduct section
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responsibility to be responsive to community views and to adequately communicate the
position and decisions of Council.
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 Communication Policy 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.
1(e) also covers public comments by
Councillors.
7.6 Personal dealings with Council
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.
Personal dealings with council is covered in
section 4(2) of the Model Code.
7.7 Occupational health and safety
Councillors acknowledge that meeting Council’s obligations as an employer under the
Occupational Health and Safety Act 2004
by, among other things, providing a safe workplace
for members of Council staff and visitors to Council premises is essential.
OHS requirements are covered in section
2(2)(a),(b) of the Model Code. Content will also
be covered in the Councillor OHS policy.
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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.
7.8 Elections
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
Section 7.8 is covered by sections 6.2 and 6.2.1
of the Conduct During Elections Policy.
Section 8 – City Representation
8.1 Representation Overview
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.
Table 1 – Spokesperson or Representative Tiers
Tier Spokesperson Or Representative
1
Mayor / Deputy Mayor
2
Appropriate Representative (Advisory Committee rep)
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,
Much of the content in Section 8 reproduces or
expands on the Media and Spokesperson
Protocol.
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Partnerships and Performance shall be the referral point and final decision maker.
8.2 Representation Protocol
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
community infrastructure being undertaken by Brimbank City Council
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
context of a spokesperson opportunity facilitated by Brimbank City Council.
Section 8.2 replicates Part 5 of the Media and
Spokesperson Protocol.
8.3 Chief Executive Officer representation
The Chief Executive Officer is the official spokesperson for all operational matters relating to
Brimbank City Council, including:
Staffing and structure of the organisation
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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.
8.3.1 Delegations
Council Officers delegated to make statements to the media or authorise the issue of media
releases are:
Chief Executive Officer
Directors
Manager Media & Communications
Roles and responsibilities are outlined in part 5
of the Media and Spokesperson Protocol.
8.4 Media Enquiries
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 enquiries / Photo opportunities /
Requests for comment / Interviews or
contributions to specialist publications are
covered in Part 5 of the Media and
Spokesperson Protocol.
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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
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.
8.5 Photo opportunities
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.
As above
8.6 Generating 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.
Generating media is covered in section 5.16 of
the Media and Spokesperson Protocol.
8.7 Communications and Community Engagement Department support to 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
Section 5.4 of the Media and Spokesperson
Protocol states that
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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.
“Councillors can express their independent
views through the media however, in doing so,
Councillors must make it clear any comment is
their personal view and does not represent the
position of Council, nor should that view be
expressed in the context of a spokesperson
opportunity facilitated by Brimbank City
Council.”
8.8 Social Media Use by Councillors
Social media provides opportunities for dynamic and interactive two-way communication between
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
Section 8.8 is largely covered by the Electronic
Media Policy 2020 and section 6.3(h) of the
policy states that Media and
Communications/Digital Communications
Team will educate Councillors about their
responsibilities when using social media.
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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
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
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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.
8.9 Representing Council at Civil Events, Functions and Delegations
8.9.1 Opportunities generated through Council organised, partnered and sponsored
events
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.
Representation protocols are not covered in
detail in the Media and Spokesperson Protocol.
The content in 8.9 would be suitable to be
included in the protocol.
8.9.1.1 Speeches
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
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.
As above
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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.
8.9.1.2 MC Role
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.
As above
8.9.1.3 Running Sheet
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 above
8.9.2 Opportunities received directly by Councillors and Council from external sources
8.9.2.1 Invitations received by the Mayor
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.
8.9.2.2 Invitations received by the Deputy Mayor and Councillors
As above
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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
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.
8.9.2.3 Invitations received by Council
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.
8.9.2.4 Support for Councillor Representation
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.
8.9.2.5 Access to tickets for Council organised or sponsored events
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
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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
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.
8.9.2.6 Requests for Council support or funding for events
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.
8.10 Mayoral robe and chain
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.
Use of the Mayoral Robe and Chain will be
covered by an internal procuedure.
Section 9 – Interpersonal Disputes Between Councillors
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.
9.1 Informal discussions between Councillors
Councillors will first consider discussing their interpersonal difference or dispute informally with
a view to resolving it.
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9.2 Facilitated discussion
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.
Facilitated discussion is covered in the Internal
Dispute Resolution Procedure (Dec 2024).
Section 10 – Allegations of Contravention of the Code
An allegation that this Code has been breached by a Councillor can be made by:
•
Council, by resolution.
•
a Councillor.
•
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.
The Internal Dispute Resolution Procedure
covers Section 10.
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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.
10.1 The application
An application alleging a breach of this Code must:
10.1.1
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
10.1.2
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).
10.2
Process on receiving an application
10.2.1
Application for a facilitated discussion
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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 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:
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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.
10.2.2 Mediation
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
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
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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.
10.2.3 Internal arbitration
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;
Process for internal arbitration is covered by
Division 5 of Part 6 of the Act and Schedule 11 of
the Local Government (Governance and
Integrity) Regulations.
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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 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:
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-
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
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.
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Attachment 12.6.2
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
10.3 Responsibility of Councillors
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.
Captured in the Internal Dispute Resolution
Procedure.
Section 11 – Adoption of this Code
11.1
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.
11.2
This Code may be reviewed at any time during the Council term.
Not substantive content.
Section 12 –Documents Incorporated by Reference
12.1
Council may from time to time decide that additional documents should be part of this Code.
12.2
Documents Incorporated by Reference may be added or removed by Council resolution.
12.3
Councillors will comply with the policies and protocols included as documents incorporated into
this Code by reference.
121.4
The Model Code outlines the associated
documents that Councillors must comply with
(any policies, practices and protocols
developed and implemented under section 46
of the Act that support arrangements for
interactions between members of Council staff
and Councillors; Governance Rules, Expenses
Policy; Gift Policy).
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Attachment 12.6.2
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
A breach of a document incorporated by Reference may constitute a breach of this Code.
Documents Incorporated by Reference
•
•
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
Appendix 1 – Declaration
The declaration is not required given
compliance with the Model Code of Conduct is
a legislative requirement.
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Attachment 12.6.2
Section of Councillor Code of Conduct
Notes on where content captured
elsewhere
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- 18 February 2025
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Attachment 12.6.2
Page 1 of 8
Internal Dispute Resolution Procedure
Purpose
This Internal Resolution Procedure (
Procedure
) is adopted under and
in accordance with section 140 of the
Local Government Act 2020
(
Act
)
and regulation 12A of the
Local Government (Governance and
Integrity) Regulations 2020
(
Regulations
).
This Procedure will be observed when dealing with alleged breaches of
the Model Councillor Code of Conduct.
Internal Resolution Procedure
Disputes between Councillors may arise in a variety of circumstances.
This Procedure is to apply to those disputes in which one Councillor
(
the Complainant
) alleges that another Councillor (
the Respondent
)
has breached the Model Councillor Code of Conduct.
This Procedure provides both parties to a dispute with support and
encouragement to resolve the dispute in a manner that enables the
Councillors to move forward and maintain effective working
relationships.
This Procedure is designed to minimise cost and disruption of disputes
to Council and individual Councillors and, where possible, avoid
disputes escalating and becoming the subject of an internal arbitration.
It is acknowledged that this Procedure will not be suitable for resolution
of all disputes between Councillors.
An overview of the Procedure is annexed, in the form of a flowchart.
First Stage of Internal Resolution Procedure – Discussion
A Complainant is encouraged to raise their issue directly with the
Respondent in a respectful and courteous manner, either in person or in
writing, where they feel comfortable to do so.
Councillors are encouraged to recognise that:
a) certain behaviours and communications may be perceived by
others to be causing issues or offence that may not have been
intended;
b) it can provide useful insight to reflect on their own behaviour or
motivation and possible contribution to the dispute, whether
intended or not; and
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Attachment 12.6.3
Page 2 of 8
c) dealing with the dispute early is more likely to avoid the issue escalating
and resolve it before it threatens the effective operation of Council.
It is useful to frame any issue from the Councillor’s perspective (eg “I felt
disrespected when you said / did …”), rather than accusing another person of
holding a particular position or taking a negative action deliberately. A Councillor
should let the other Councillor know how they feel and ask for an explanation,
rather than making accusations or assumptions.
Second Stage of Internal Resolution Procedure - Conciliation
Where a direct conversation between Councillors has not been successful in
resolving the dispute, or a Councillor does not feel comfortable communicating
directly with another Councillor, the second stage of this Procedure is
conciliation.
Initiating Conciliation
A Complainant initiating conciliation must notify the Mayor and the Respondent
of the dispute by completing a
Conciliation Application Form
. That form (see
Attachment 1 to this Procedure) must:
a) specify the names of the Complainant and Respondent;
b) specify the provision (or provisions) of the Model Councillor Code of
Conduct alleged to have been breached;
c) detail what was said or done by the Respondent to constitute a breach of
the Model Councillor Code of Conduct;
d) attach any supporting information to provide examples of the behaviour
complained of (eg screenshots or emails); and
e) be dated and signed by the Complainant.
Participating in Conciliation
Councillors are not obliged to engage in conciliation but should only decline to
participate if they honestly and reasonably believe that their participation would
adversely affect their health or wellbeing or would otherwise be unsafe.
A Respondent declining to participate in the conciliation must advise the
Complainant and the Mayor of their unwillingness to participate, and the reasons
for it. That advice must be provided no more than one week after receiving the
Conciliation Application Form.
Conduct of Conciliation
Conciliation is to be conducted by the Mayor except when the Mayor is a party to
the dispute or otherwise unavailable to conduct conciliation. In that case the
Deputy Mayor will assume the role of the Mayor in the conciliation process. If
both the Mayor and the Deputy Mayor are parties to the dispute or otherwise
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Attachment 12.6.3
Page 3 of 8
unavailable to conduct the conciliation, the role of the Mayor must be performed
by a Councillor jointly chosen for the purpose by the parties.
When, in this Procedure, reference is made to the Mayor it includes:
a) the Deputy Mayor; and
b) a Councillor jointly chosen for the purpose by the parties,
when the Mayor and/or the Deputy Mayor are parties to the dispute or otherwise
unavailable to conduct a conciliation.
Roles and Responsibilities
The role of the Mayor is to provide guidance to the parties to the dispute about
the Standards of Conduct in the Model Councillor Code of Conduct, and actively
explore whether the dispute can be resolved by agreement between them.
The role of the Complainant and Respondent is to explain their respective
positions and, in a show of goodwill, actively explore the possibility of resolving
the dispute by agreement.
All Councillors are responsible for conducting themselves in a courteous and
respectful manner at all times during the conciliation.
The role of the Councillor Conduct Officer is to provide the Mayor with the
administrative support necessary to arrange and conduct the conciliation.
Support from Council
Council, through the Councillor Conduct Officer, will provide administrative
assistance to the Mayor when arranging a time and place for conciliation,
including any technical assistance that may be required. A venue will be made
available to the Councillors at a Council venue that is private and suited to the
conciliation process.
Officers will not provide any substantive guidance or advice about the subject
matter of the dispute. Council will not pay the costs of legal advice or
representation for any Councillor in connection with this Procedure. Parties to a
dispute may seek their own legal or other advice at their own cost, if they
choose to do so.
End or Termination of Conciliation
Conciliation will end or be terminated if any of the following occurs:
a) the parties cannot jointly choose a Councillor to conduct the conciliation
within one week of being asked to do so;
b) the Respondent notifies the Mayor that they do not wish to participate in
conciliation, and the reasons for it, within one week of receiving the
Conciliation Application Form;
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Attachment 12.6.3
Page 4 of 8
c) the Respondent does not respond to the Conciliation Application Form at
all within two weeks of receiving it;
d) conciliation has not occurred within four weeks of the Complainant
submitting the Conciliation Application Form;
e) conciliation has occurred and the parties have been unable to resolve the
dispute; or
f) the dispute has been resolved.
The time for conciliation may be extended by agreement between the parties to
the dispute, whether or not the matter has been escalated to one of the formal
dispute resolution procedures outlined in the Act.
Confidentiality
Parties and other participants are expected to maintain confidentiality
concerning the dispute and the operation of this Procedure.
Record of Outcome
The Mayor must document any agreement that is reached between the
Complainant and Respondent. The agreement must be signed by the
Complainant, Respondent and Mayor.
Copies must be provided to the Complainant and Respondent, and the original
must be retained by the Mayor. Again, parties and the Mayor are expected to
maintain the confidentiality of the agreement reached.
Internal Resolution Procedure does not Apply in these
Circumstances
The following disputes are not covered by this Procedure:
a) differences between Councillors in relation to policy or decision making,
which are appropriately resolved through discussion and voting in Council
meetings;
b) complaints made against a Councillor or Councillors by a member or
members of Council staff, or by any other external person;
c) allegations of sexual harassment;
d) disclosures made about a Councillor under the
Public Interest Disclosures
Act 2012
, which can only be made to the Independent Broad-based Anti
corruption Commission; and
e)
allegations of criminal misconduct, which should be immediately referred
to Victoria Police or the relevant integrity authority.
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Attachment 12.6.3
Page 5 of 8
Formal Dispute Resolution Procedure
This Procedure operates alongside, and does not replace, the formal dispute
resolution procedures outlined in the Act and Regulations.
The formal dispute resolution procedure applies to misconduct, serious
misconduct and gross misconduct.
Section 141 of the Act provides for an internal arbitration process concerning a
breach of the Standards of Conduct set out in the Model Councillor Code of
Conduct.
Related Documents
•
Local Government Act 2020
•
Local Government (Governance and Integrity) Regulations 2020
•
Model Councillor Code of Conduct
•
Model Code of Conduct Protocol
•
Councillor Support Policy
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Attachment 12.6.3
Page 6 of 8
Attachment 1 Conciliation Application Form
Complainant:
Respondent:
Provisions of Model
Councillor Code of
Conduct breached:
Action constituting
breach:
(Include dates, times
and detailed
descriptions of the
action complained of.
Attach further
documents as
necessary.)
Signed
by …………………………………………
on …………………………………………………..
)
)
)
)
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Attachment 12.6.3
Page 7 of 8
Annexure
INTERNAL RESOLUTION PROCEDURE FLOWCHART
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Attachment 12.6.3
Page 8 of 8
History of Amendment
Rev
Reviewed Date
Reason for
Amendment
Next Review Date
A
11 February 2025 Approved by Council
February 2026
B
C
Approved by Council:
Yes
Date Approved by Council: XXXXXXXX
Procedure ownership
Directorate: People, Partnerships & Performance
Department: Governance & Risk
Amendment of Policy - Internal Policy – Approved by Chief Executive Officer
Rev
Reviewed Date
Reason for Amendment
Next Review
Date
A
B
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Attachment 12.6.3
Social Media1
Councillor Social
Media Policy
January / 2025
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Attachment 12.6.4
Brimbank City Council respectfully acknowledges and recognises the Wurundjeri and Bunurong peoples as the
Traditional Custodians of this land and pays respect to their Elders past, present and future.
Contents
1
POLICY PURPOSE
..........................................................................................3
2
POLICY SCOPE
...............................................................................................3
3
DEFINITIONS
.................................................................................................3
4
STATEMENT OF POLICY PRINCIPLES
..........................................................4
5
SPECIFIC REQUIREMENTS
...........................................................................5
6
ROLES AND RESPONSIBILITIES
................................................................10
7
POLICY OWNERSHIP
...................................................................................10
8
APPROVAL
....................................................................................................10
9
RELATED POLICIES & LEGISLATION
.........................................................11
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Attachment 12.6.4
3
Social Media
1
POLICY PURPOSE
The purpose of this policy is to outline the benefits and risks of social media use by Councillors and
provide guidance on its appropriate use and specific provisions which must be observed.
2
POLICY SCOPE
2.1 This policy covers
i. The use of social media by Councillors in their official capacity or when acting in a way that
could reasonably be interpreted as representing the Council.
i. Councillors' conduct and responsibilities when using social media to communicate with the
public.
ii. Ensuring compliance with the Model Councillor Code of Conduct and relevant legislation.
iii. Guidance on managing personal social media accounts where Council-related matters are
discussed.
iv. The use of social media platforms to share Council decisions, initiatives or community
updates in a manner that aligns with legal and ethical standards.
2.2 This policy applies to
ii. Councillors in their professional capacity or when acting in a way that could reasonably be
interpreted as representing the Council.
iii. The use of both personal and public social media accounts where Council-related matters are
discussed.
iv. Social media interactions, including posts, comments and sharing of content, that relates to
Council decisions, initiatives or community matters.
v. Councillors managing or administering public pages, groups or platforms linked to their role.
2.3 This policy does not cover
i. Social media use by Council employees.
ii. Official Brimbank City Council social media accounts.
iii. Personal social media activities unrelated to Councillors' roles.
3
DEFINITIONS
For the purposes of this policy, Council adopts the following definitions:
Term
Definition
3.1 Confidential
information
The same meaning as at section 3 of the Local Government Act 2020
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Attachment 12.6.4
4
(Vic)
3.2 Health information
The same meaning as at section 3 of the Health Records Act 2001
(Vic)
3.3 Social media
Online interactive technologies through which individuals, communities
and organisations can share, co-create, discuss and modify user
generated content or pre-made content posted online. Social media
may include but is not limited to:
i. social networking websites (e.g. Facebook, LinkedIn, Yammer,
Instagram Threads)
ii. video and photo sharing websites (e.g. Flickr, Instagram,
Snapchat, TikTok, Vimeo, YouTube)
iii. blogs, including corporate blogs and personal blogs
iv. blogs hosted by media outlets (e.g. ‘comments’ on news articles)
v. micro-blogging (e.g. Mastadon, Truth Social, X)
vi. wikis and other online community generated forums (e.g.
Wikipedia)
vii. forums, discussion boards and groups (e.g. Google groups)
viii. vodcasting and podcasting
ix. group messaging technologies/apps (e.g. WhatsApp, SMS)
x. streaming platforms (e.g. Twitch, Mixer)
xi. geospatial tagging (e.g. Foursquare, Facebook checkin);
xii. any other tool or emerging technology that allows individuals to
publish or communicate in a digital environment (excluding
website content).
3.4 Model Councillor
Code of Conduct
The same meaning as at section 3 of the Local Government Act 2020
(Vic)
3.5 Personal
information
The same meaning as at section 3 of the Privacy and Data Protection
Act 2014 (Vic)
4
STATEMENT OF POLICY PRINCIPLES
This policy is guided by the following principles that align with Brimbank City Council’s strategic
vision and values:
4.1 Transparency and Accountability
Social media use by Councillors should reflect transparency in sharing Council decisions, initiatives
and updates, ensuring accountability to the public.
4.2 Integrity and Compliance
Councillors must adhere to the Model Councillor Code of Conduct and all relevant legislation,
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Attachment 12.6.4
5
Social Media
demonstrating integrity in their communications and interactions.
4.3 Respect, Equity and Inclusion
Social media engagement should foster a equitable representation of diverse community voices and
create a respectful and inclusive digital environment.
4.4 Efficiency and Responsiveness
Social media serves as a tool to efficiently connect with the community, providing timely updates
and addressing concerns responsibly.
4.4 Protection of Privacy
Councillors must safeguard confidential and personal information, adhering to privacy legislation to
build trust with the community.
5
SPECIFIC REQUIREMENTS
5.1.1.1 Councillor social media
i. Councillors are under no obligation to attain and/or maintain a social media presence.
ii. Councillors who choose to have a social media presence:
a. do so of their own volition;
b. have a right to express an independent view consistent with the Charter of Human
Rights and Responsibilities Act 2006; and
c. acknowledge that they are required to adhere to the Model Councillor Code of Conduct.
iii. Councillors who choose to have a social media presence are responsible for:
a. compliance with this policy;
b. administration of the social media platform;
c. moderation of community content; and
d. compliance with the terms of service of the social media platform in use.
iv. The provisions applicable to Councillor social media also apply to a social media presence
operated by another person who, with the Councillor’s authorisation, administers, moderates
or uploads content on the Councillor’s behalf.
5.2 Council resources and support
i. Councillors who choose to maintain a social media presence will be provided with:
a. training in social media obligations as part of the mandatory Councillor induction and
ongoing professional development programs;
b. generic collateral (such as graphics, images and suggested copy) that promotes Council
programs; and
c. access to Council’s employee assistance program - a voluntary and confidential service
designed to assist Councillors with personal concerns that affect their personal wellbeing
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Attachment 12.6.4
6
and/or performance as a Councillor.
ii. Councillors will not be provided with:
a. technical or other support for the use of social media platforms;
b. social media monitoring or reporting services; or
c. legal advice regarding social media content.
iii. Councillors must not use Council resources, including Council facilities, computer equipment,
smartphones and internet connections for social media activity:
a. to gain or attempt to gain, directly or indirectly, an advantage for themselves or for any
other person;
b. to cause or attempt to cause, detriment to the Council or another person;
c. in a way that is intended to or is likely to, affect the result of an election under the Local
Government Act 2020 (Vic);
d. in a way that is intended to or is likely to, affect the result of an election for a state or
federal parliament; or
e. in the furtherance of private business or commercial activity.
5.3 Good faith behaviour
i. Councillors who maintain a social media presence are required to do so in good faith, which
means
they must not
:
a. post content which could be perceived to be an official comment on behalf of the
Council (noting that Councillors are encouraged to link or re-post social media content
that has been published by the Council, including the addition of their own perspective
or commentary);
b. create a social media presence purporting to represent a Council auspiced entity, such
as an advisory committee, reference group, steering committee or similar;
c. post anonymously or by using a fake or intentionally misleading identity;
d. engage in trolling, harassment, personal attacks or similar behaviour;
e. intentionally publish misinformation, falsehoods or misleading material;
f. engage in doxing;
g. engage in cyberbullying; and
h. publish defamatory material.
5.3.1.1 Freedom of expression
i. Councillors enjoy the human right to freedom of expression which includes the freedom to
seek, receive and impart information and ideas of all kinds, subject to any lawful restrictions
reasonably necessary.
ii. Councillors must not post content on their social media that, if posted, would be contrary to
the Model Councillor Code of Conduct in that it:
a. displays a lack of dignity, fairness, objectivity, courtesy or respect towards others
(including fellow Councillors and Council staff);
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Attachment 12.6.4
7
Social Media
b. could reasonably be perceived to be an official comment on behalf of the Council where
the Councillor has not been authorised by the mayor to make such a comment;
c. is demeaning, abusive, obscene, threatening or of a sexual nature;
d. intentionally causes or perpetuates stigma, stereotyping, prejudice or aggression
against a person or class of persons;
e. constitutes discrimination or vilification
f. undermines the council when applying the council’s community engagement policy to
develop respectful relationships and partnerships with traditional owners, Aboriginal
community-controlled organisations and the Aboriginal community;
g. undermines the council in fulfilling its obligation under the Act or any other Act
(including the Gender Equality Act 2020) to achieve and promote gender equality;
h. are not in line with the Council’s policies and procedures as a child safe organisation and
obligations under the Child Wellbeing and Safety Act 2005 to the extent that they apply
to Councillors;
i. adversely affect the health and safety of other persons;
j. would bring discredit upon the council;
k. would deliberately mislead the council or the public about any matter related to the
performance of the councillor’s public duties;
l. makes council information publicly available where public availability of the information
would be contrary to the public interest;
m. expressly or impliedly requests preferential treatment for themselves or a related
person or entity; or
n. is otherwise contrary to the Model Councillor Code of Conduct.
iii. Councillors must not post content on their social media where publication would be contrary to
law, including, but not limited to:
a. the Local Government Act 2020 (Vic), insofar as it relates to misuse of position,
including the disclosure of confidential information;
b. the Privacy and Data Protection Act (Vic) 2014, insofar as it relates to the disclosure of
personal information;
c. the Health Records Act 2001 (Vic), insofar as it relates to the disclosure of health
information;
d. the Defamation Act 2005 (Vic), in a manner that constitutes defamation;
e. the Copyright Act 1968 (Cth), in a manner that constitutes an infringement of
copyright;
f. the Summary Offences Act 1966 (Vic), in a manner that is obscene, indecent or uses
threatening language and behaviour etc;
g. the Crimes Act 1958 (Vic), in a manner that constitutes stalking; and
h. the Criminal Code Act 1995 (Cth), in relation to the use of a carriage service to menace
or harass.
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Attachment 12.6.4
8
iv. Councillors shall not post content that creates a reasonable apprehension of bias in relation to
matters to subject to or potentially subject to, Council decisions.
5.4 Customer requests
i. From time to time, Councillors may receive service requests, complaints, feedback or other
correspondence intended for the Council (customer requests) from members of the public via
social media channels.
ii. Where it is reasonable and practical to do so, Council must collect personal information about
an individual only from that individual and not via a councillor. Councillors in receipt of
customer requests:
a. may pass on customer requests that do not contain personal information to Council’s
centralised customer request handling process;
b. may seek permission from the customer to pass on their personal details to the council
along with their customer request and, once permission is received, pass on the request
together with the permission to Council’s centralised customer request handling
process;
c. shall not otherwise pass on customer requests that contain personal information; and
d. may refer a customer to Council’s website which sets out the official communication
channels and contains information about Council’s privacy obligations and the handling
of personal and health information.
iii. Councillors shall not solicit customer requests or otherwise encourage members of the public
to bypass the Council’s official communication channels.
5.5 Moderation of community content
i. Councillors have the right to moderate community content on their social media platforms,
including comments, reactions and other contributions.
ii. Councillors must remove community content that, if published by the Councillor, would be
contrary to the Model Councillor Code of Conduct.
iii. Councillors have the right to block or ban persons from their social media platform at their
sole discretion.
5.6 Record keeping
i. Documents made or received by Councillors are not public records (regardless of the content)
unless they are then received by an employee of the Council.
ii. Councillors are not required to maintain records of social media content for record-keeping
purposes.
5.7 Clarification Statements
i. Councillors who maintain a social media presence must ensure their profile clarifies that their
social media presence is not an official platform of the Council. For example:
“This page is hosted by me in my capacity as an individual. This is not an official page of
[Council name] and should not be used for making service or maintenance requests or
otherwise contacting Council. Council can be contacted at [link to Council’s website].”
ii. Councillors who use their social media presence to comment on Council matters must ensure
their profile makes it clear that they are speaking in an individual capacity and not on behalf of
the Council. For example:
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Attachment 12.6.4
9
Social Media
“The views expressed on this social media platform are my own and not that of Brimbank City
Council.“
iii. Councillors who enable community content on their social media presence should include a
statement asserting the Councillor’s right to control access to the page and to moderate third
party content. For example:
“As the host of this page, I endeavour to maintain a safe, positive space for the discussion of
Council issues and I reserve the right to hide or delete content and to block or ban users.”
iv. Councillors who use their social media presence to publish electoral material must include an
authorisation statement in accordance with the Local Government Act 2020 (Vic), noting that
this obligation applies at all times, not just during a formal election period. Councillors may not
use a Council address for this purpose. For example:
“Authorised by J Citizen, 123 Main Street SUBURB VIC 9999.”
6
ROLES AND RESPONSIBILITIES
6.1 Councillors
Councillors are responsible for:
i. Ensuring compliance with this policy and associated legislation.
ii. Maintaining transparency, integrity and good faith in online interactions.
iii. Responsibly managing and moderating their social media platforms.
6.2 Brimbank City Council
Brimbank City Council is responsible for:
i. Providing resources, training and support for Councillors’ compliance.
ii. Informing Councillors of their rights and obligations under this policy.
7
POLICY OWNERSHIP
Responsible Director:
Director of People, Partnerships and Performance
Responsible Officer:
Communications and Community Engagement Manager
Directorate:
People, Partnerships and Performance
Unit:
Communications and Community Engagement
8
APPROVAL
Approved by:
Date:
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Attachment 12.6.4
1
0
9
RELATED POLICIES & LEGISLATION
9.1 Council Policies
i. Privacy and Health Information Policy
ii. Electronic Media Policy
iii. Acceptable Use of ICT Resources Policy
iv. Mobile Computing Device Policy
v. Mobile Phone Policy
vi. Information Management Policy
9.2 Legislation
i. Copyright Act 1968 (Cth)
ii. Criminal Code Act 1995 (Cth)
iii. Crimes Act 1958 (Vic)
iv. Defamation Act 2005 (Vic)
v. Equal Opportunity Act 2000 (Vic)
vi. Freedom of Information Act 1982 (Vic)
vii. Health Records Act 2001 (Vic)
viii. Local Government (Governance and Integrity) Regulations 2020 (Vic)
ix. Local Government Act 2020 (Vic)
x. Privacy and Data Protection Act 2014 (Vic)
xi. Summary Offences Act 1966 (Vic)
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Attachment 12.6.4
INTERNAL USE ONLY
Version Version notes
Adopted
Review
1
New Policy
4/2/25
4/2/27
2
3
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Attachment 12.6.4
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Attachment 12.6.4
Councillor Occupational Health and Safety Policy1
Brimbank City Council respectfully acknowledges and recognises the Wurundjeri and Bunurong peoples
as the Traditional Custodians of this land and pays respect to their Elders past, present and future.
Councillor
Occupational
Health and Safety
Policy
January 2025
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Attachment 12.6.5
Councillor Occupational Health and Safety Policy2
Brimbank City Council respectfully acknowledges and recognises the Wurundjeri and Bunurong peoples
as the Traditional Custodians of this land and pays respect to their Elders past, present and future.
Contents
1
POLICY PURPOSE
..........................................................................................3
2
POLICY SCOPE
...............................................................................................3
3
DEFINITIONS
.................................................................................................3
4
STATEMENT OF POLICY PRINCIPLES
..........................................................4
5
SPECIFIC REQUIREMENTS
...........................................................................4
6
ROLES AND RESPONSIBILITIES
..................................................................5
7
POLICY OWNERSHIP
.....................................................................................6
8
APPROVAL
......................................................................................................6
9
RELATED POLICIES & LEGISLATION
..........................................................6
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Councillor Occupational Health and Safety Policy
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1
POLICY PURPOSE
Brimbank City Council is committed to providing and maintaining a safe and healthy
environment for all persons associated with its operations, including Councillors, employees,
contractors, residents and visitors. This commitment extends across all work areas and
community spaces.
Council’s commitment is based on the principle that occupational health and safety is the
most important of all our business objectives, that everyone in the organisation should have
clearly defined occupational health and safety responsibilities, and that meeting this
commitment through the management of stakeholder relationships is important.
This policy aims to:
•
Outline Councillors’ responsibilities under the
Occupational Health and Safety Act
2004
and
Occupational Health and Safety Regulations 2017
.
•
Ensure the health, safety, and welfare of Councillors while performing their official
duties.
•
Promote a proactive safety culture where risks are identified and managed
effectively.
•
Provide guidance for managing health and safety scenarios that may arise in the
performance of Councillors’ duties.
2
POLICY SCOPE
This policy applies to all Councillors, including the Mayor and Deputy Mayor, at all times
while performing their duties in their official capacity. It encompasses both their roles as
individuals in the workplace and as office holders with specific legal responsibilities under
occupational health and safety legislation.
Health and safety matters addressed by this policy include those related to hazards, risks,
and incidents, as well as their physical and psychological impacts on individuals and the
broader community.
The CEO has specific responsibilities to create a safe workplace under the
Occupational
Health and Safety Act 2004
and can take certain actions that may impact on the ability of
Councillors to perform particular functions in a particular way, consistent with those
responsibilities.
3
DEFINITIONS
For the purposes of this policy, Council adopts the following definitions:
Term
Definition
Council
Brimbank City Council
CEO
The Chief Executive Officer of Brimbank City Council or any
member of Council staff holding, acting in or performing the
duties of that position
Hazard
A condition or situation with the potential to cause harm
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Councillor Occupational Health and Safety Policy
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(physical or psychological).
Incident
An event or sequence of events resulting in harm or loss of
control over a hazard.
Near miss
An event that had the potential to cause harm but did not.
OHS
Occupational Health and Safety
Workplace
Any place where Councillors undertake duties, including, but
not limited to, Council facilities, meeting venues, and
virtual spaces.
4
STATEMENT OF POLICY PRINCIPLES
Council is committed to providing and maintaining a safe workplace for all and recognises
the provisions of the
Occupational Health and Safety Act 2004
apply to Council and
Councillors.
Council is committed to, so far as reasonably practicable:
•
Providing and maintaining a safe and healthy environment for Councillors and all
persons engaged in council-related activities.
•
Complying with all relevant OHS legislation, standards, and codes of practice.
•
Ensuring Councillors are informed, trained, and equipped to manage their health
and safety effectively.
•
Promoting mental health and wellbeing in addition to physical safety.
5
SPECIFIC REQUIREMENTS
5.1 Incident and hazard reporting
All hazards, near misses and incidents that occur as a result of Councillors conducting the
business of Council, acting as a representative of Council, including as part of attending
Council related functions, during or outside normal Council hours, must be reported.
In most cases where Councillors notice something unsafe, it will be appropriate for them to
notify the Councillor Support team. The Councillor Support team will assist the Councillor in
completing an online hazard/incident report in accordance with Council’s OHS incident
reporting and notification procedure.
Depending on the issue, the relevant Director will notify the Councillor of the outcome of the
hazard or incident once addressed.
If the issue involves potential psychological harm resulting from behaviour that may be in
breach of the Model Councillor Code of Conduct, it must be reported. In such cases, it may
be more appropriate to escalate the matter to the Mayor (or Deputy Mayor) to determine a
suitable course of action under the internal resolution procedure or to refer the issue to
another relevant authority.
If the CEO has serious concerns about a risk to the health and safety of a Councillor,
Councillors, Council staff or the community, in the workplace, the CEO will take reasonably
practicable measures to ensure the safety of all.
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5.2 Mental Health and Wellbeing
Council acknowledges the importance of mental health and wellbeing in the workplace.
Support measures include:
•
Access to confidential counselling services through the Employee Assistance
Program (EAP).
•
Training and resources on stress management and resilience.
•
Promoting a supportive environment where Councillors feel safe to discuss
wellbeing concerns.
6
ROLES AND RESPONSIBILITIES
6.1 Councillors
Councillors will:
•
Make themselves familiar with the provisions of this policy and procedure, raise
any concerns or questions about the policy's coverage or application, and adhere to
the policy.
•
Take reasonable care for their own health and safety and take reasonable care that
their acts or omissions do not adversely affect the health and safety of other
persons.
•
Refrain from behaving in a manner that exposes employees to a psychosocial risk,
physical risk or any other risk which could compromise the health and safety of
employees.
•
Attend and participate in all Council-required training, to maintain understanding of
the duties and obligations imposed by the Occupational Health and Safety Act 2004
and their application to the broad range of activities undertaken by Council.
•
Comply with the Councillor Occupational Health and Safety Policy and associated
reporting procedures.
•
Participate, where required, in the resolution of safety issues.
•
Consider any health and safety implications for Council decisions.
6.2 The Mayor
In addition to the Mayor’s responsibility as a Councillor, the Mayor has a significant
leadership role to:
•
Monitor and manage the wellbeing of Councillors and employees present when
chairing meetings and briefings.
•
Monitor the wellbeing of Councillors through pro-active leadership and individual
check-ins with Councillors.
6.3 Council Administration
Council Administration will:
•
As far as reasonably practicable, provide a safe workplace that is without risks to
the health of Councillors performing their civic duties, by ensuring appropriate
systems and policies are in place to manage those risks.
•
Proactively monitor the workplace to identify hazards, assess risks and implement
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control measures where it is reasonably practical to do so.
•
Take all reasonable steps to ensure organisational compliance to the organisation’s
Occupational Health and Safety Policy and the continuous improvement of the
Council Occupational Health and Safety Management System.
•
Ensure Councillors are information of their obligations under by the Occupational
Health and Safety Act 2004 and their application to the broad range of activities
undertaken by Council.
7
POLICY OWNERSHIP
Responsible Director:
Director People, Partnership and Performance
Responsible Officer:
Manager Governance and Risk and Manager People, Culture
and Wellbeing
Departments:
Governance and Risk and People, Culture and Wellbeing
8
APPROVAL
Approved by:
Council
Date:
9
RELATED POLICIES & LEGISLATION
•
Occupational Health and Safety Act 2004
•
Occupational Health and Safety Regulations 2017
•
Workplace Injury Rehabilitation and Compensation Act 2013
•
Model Councillor Code of Conduct
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INTERNAL USE ONLY
Version Version notes
Adopted
Review
1
New Policy
2
3
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