submission supported the proposal. MAV’s 45 The Minister has the power to Retained. Under the Bill, the Minister maintains the existing This provision is supported subject to suspend an entire council where power to suspend an entire council where there is a council being provided with an there is evidence of significant evidence of significant governance failures. The opportunity to make a submission to governance failures or breaches current provisions in the LGA1989 do not require the the Minister where the Minister is of the law. Minister to give a council a show cause notice before considering suspending the council. proceeding to suspend or dismiss a council. Providing an opportunity for a council and its councillors to make submissions to the Minister before a decision is taken to suspend or dismiss a council would accord with the accepted principle of natural justice. Similar provisions existing in most other Australian jurisdictions. 46 The dismissal of a council Retained. The dismissal of a council will continue to require the That: requires the passage of a Bill approval and passage of an Act through both houses of through both houses of the Parliament. The current provisions in the LGA1989 do a council be provided with an Victorian Parliament. not require the Minister to give a council a show cause opportunity to make a notice before proceeding to suspend or dismiss a submission to the Minister where council. Providing an opportunity for a council and its the Minister is considering councillors to make submissions to the Minister before dismissing a council a decision is taken to suspend or dismiss a council An opportunity be provided for would accord with the accepted principle of natural any member of the council to justice. Similar provisions existing in most other address the Parliament Australian jurisdictions. Given that the decision to dismiss a council rests with Parliament it is proposed to seek the opportunity for any of that council to address the Parliament directly. Part 9 - Council Elections # Existing Local Government New Local Government Draft Bill Commentary including position on the MAV Position MAV’s Act 1989 2018 Directions Paper
MAV’s submission supported the proposal. 45 The Minister has the power to suspend an entire council where there is evidence of significant governance failures or breaches of the law. Retained. Under the Bill, the Minister maintains the existing power to suspend an entire council where there is evidence of significant governance failures. The current provisions in the LGA1989 do not require the Minister to give a council a show cause notice before proceeding to suspend or dismiss a council. Providing an opportunity for a council and its councillors to make submissions to the Minister before a decision is taken to suspend or dismiss a council would accord with the accepted principle of natural justice. Similar provisions existing in most other Australian jurisdictions. This provision is supported subject to a council being provided with an opportunity to make a submission to the Minister where the Minister is considering suspending the council. 46 The dismissal of a council requires the passage of a Bill through both houses of the Victorian Parliament. Retained. The dismissal of a council will continue to require the approval and passage of an Act through both houses of Parliament. The current provisions in the LGA1989 do not require the Minister to give a council a show cause notice before proceeding to suspend or dismiss a council. Providing an opportunity for a council and its councillors to make submissions to the Minister before a decision is taken to suspend or dismiss a council would accord with the accepted principle of natural justice. Similar provisions existing in most other Australian jurisdictions. Given that the decision to dismiss a council rests with Parliament it is proposed to seek the opportunity for any of that council to address the Parliament directly. That: a council be provided with an opportunity to make a submission to the Minister where the Minister is considering dismissing a council An opportunity be provided for any member of the council to address the Parliament Part 9 - Council Elections # Existing Local Government Act 1989 New Local Government Draft Bill 2018 Commentary including MAV’s position on the Directions Paper MAV Position