Brimbank Council Meeting No. 642 - 18 February 2025

1 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

2 of 72

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

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,

Brimbank Council Meeting No. 642 - 18 February 2025

3 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

4 of 72

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.

1

Brimbank Council Meeting No. 642 - 18 February 2025

5 of 72

Attachment 12.6.1

2

Schedule 1 – Model Councillor Code of Conduct

Definitions

In this Schedule—

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.

Brimbank Council Meeting No. 642 - 18 February 2025

6 of 72

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.

Brimbank Council Meeting No. 642 - 18 February 2025

7 of 72

Attachment 12.6.1

4

Brimbank Council Meeting No. 642 - 18 February 2025

8 of 72

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 Act) requires a council to develop and maintain a Councillor

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

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

the Act.

A Councillor Code of Conduct:

Must include the Standards of Conduct prescribed by the

(the Regulations) expected to be observed by Councillors.

Must include any provisions prescribed by the Regulations.

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

Standards of Conduct.

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

to the Regulations.

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

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

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.

Brimbank Council Meeting No. 642 - 18 February 2025

9 of 72

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.

Brimbank Council Meeting No. 642 - 18 February 2025

10 of 72

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.

Brimbank Council Meeting No. 642 - 18 February 2025

11 of 72

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

.

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.

Brimbank Council Meeting No. 642 - 18 February 2025

12 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

13 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

14 of 72

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.

Brimbank Council Meeting No. 642 - 18 February 2025

15 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

•

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

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.

Brimbank Council Meeting No. 642 - 18 February 2025

16 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

•

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.

Brimbank Council Meeting No. 642 - 18 February 2025

17 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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.

Brimbank Council Meeting No. 642 - 18 February 2025

18 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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.

Brimbank Council Meeting No. 642 - 18 February 2025

19 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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.

Brimbank Council Meeting No. 642 - 18 February 2025

20 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

•

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

Brimbank Council Meeting No. 642 - 18 February 2025

21 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

•

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

Brimbank Council Meeting No. 642 - 18 February 2025

22 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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

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.

Brimbank Council Meeting No. 642 - 18 February 2025

23 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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.

Brimbank Council Meeting No. 642 - 18 February 2025

24 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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

Brimbank Council Meeting No. 642 - 18 February 2025

25 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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.

Brimbank Council Meeting No. 642 - 18 February 2025

26 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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

Brimbank Council Meeting No. 642 - 18 February 2025

27 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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.

Brimbank Council Meeting No. 642 - 18 February 2025

28 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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

Brimbank Council Meeting No. 642 - 18 February 2025

29 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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

Brimbank Council Meeting No. 642 - 18 February 2025

30 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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

Brimbank Council Meeting No. 642 - 18 February 2025

31 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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

Brimbank Council Meeting No. 642 - 18 February 2025

32 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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.

Brimbank Council Meeting No. 642 - 18 February 2025

33 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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.

Brimbank Council Meeting No. 642 - 18 February 2025

34 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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

Brimbank Council Meeting No. 642 - 18 February 2025

35 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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:

Brimbank Council Meeting No. 642 - 18 February 2025

36 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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

Brimbank Council Meeting No. 642 - 18 February 2025

37 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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.

Brimbank Council Meeting No. 642 - 18 February 2025

38 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

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:

Brimbank Council Meeting No. 642 - 18 February 2025

39 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

-

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.

Brimbank Council Meeting No. 642 - 18 February 2025

40 of 72

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).

Brimbank Council Meeting No. 642 - 18 February 2025

41 of 72

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.

Brimbank Council Meeting No. 642 - 18 February 2025

42 of 72

Attachment 12.6.2

Section of Councillor Code of Conduct

Notes on where content captured

elsewhere

Brimbank Council Meeting No. 642 - 18 February 2025

43 of 72

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

(

Act

)

and regulation 12A of the

(

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

Brimbank Council Meeting No. 642 - 18 February 2025

44 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

45 of 72

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;

Brimbank Council Meeting No. 642 - 18 February 2025

46 of 72

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

, 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.

Brimbank Council Meeting No. 642 - 18 February 2025

47 of 72

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

•

•

•

Model Councillor Code of Conduct

•

Model Code of Conduct Protocol

•

Councillor Support Policy

Brimbank Council Meeting No. 642 - 18 February 2025

48 of 72

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 …………………………………………………..

) ) ) )

Brimbank Council Meeting No. 642 - 18 February 2025

49 of 72

Attachment 12.6.3

Page 7 of 8

Annexure

INTERNAL RESOLUTION PROCEDURE FLOWCHART

Brimbank Council Meeting No. 642 - 18 February 2025

50 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

51 of 72

Attachment 12.6.3

Social Media1

Councillor Social

Media Policy

January / 2025

Brimbank Council Meeting No. 642 - 18 February 2025

52 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

53 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

54 of 72

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,

Brimbank Council Meeting No. 642 - 18 February 2025

55 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

56 of 72

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);

Brimbank Council Meeting No. 642 - 18 February 2025

57 of 72

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.

Brimbank Council Meeting No. 642 - 18 February 2025

58 of 72

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:

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:

Brimbank Council Meeting No. 642 - 18 February 2025

59 of 72

Attachment 12.6.4

9

Social Media

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:

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:

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:

Brimbank Council Meeting No. 642 - 18 February 2025

60 of 72

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)

Brimbank Council Meeting No. 642 - 18 February 2025

61 of 72

Attachment 12.6.4

Version Version notes

Adopted

Review

1

New Policy

4/2/25

4/2/27

2

3

Brimbank Council Meeting No. 642 - 18 February 2025

62 of 72

Attachment 12.6.4

Brimbank Council Meeting No. 642 - 18 February 2025

63 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

64 of 72

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

Brimbank Council Meeting No. 642 - 18 February 2025

65 of 72

Attachment 12.6.5

Councillor Occupational Health and Safety Policy

3

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

and

.

•

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

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

Brimbank Council Meeting No. 642 - 18 February 2025

66 of 72

Attachment 12.6.5

Councillor Occupational Health and Safety Policy

4

(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

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.

Brimbank Council Meeting No. 642 - 18 February 2025

67 of 72

Attachment 12.6.5

Councillor Occupational Health and Safety Policy

5

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

Brimbank Council Meeting No. 642 - 18 February 2025

68 of 72

Attachment 12.6.5

Councillor Occupational Health and Safety Policy

6

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

•

•

•

•

Model Councillor Code of Conduct

Brimbank Council Meeting No. 642 - 18 February 2025

69 of 72

Attachment 12.6.5

Version Version notes

Adopted

Review

1

New Policy

2

3

Brimbank Council Meeting No. 642 - 18 February 2025

70 of 72

Attachment 12.6.5

Brimbank Council Meeting No. 642 - 18 February 2025

71 of 72

Attachment 12.6.5

Brimbank Council Meeting No. 642 - 18 February 2025

72 of 72

Attachment 12.6.5