A Moorabool councillor who faced disqualification has been given a reprieve by the state government.
West Ward Cr Tom Sullivan was among 107 Victorian councillors who were facing the sack on September 1 for not complying with new council code of conduct requirements.
Councillors were required to sign a new code of conduct by July 4, following amendments to the Local Government Act. On Monday evening the Local Government Investigations and Compliance Inspectorate advised the state government that 13 councils, and nine individual councillors, had not complied with the deadline.
Widespread media coverage reported that the councils and councillors were to be sacked on September 1 and administrators appointed in the lead-up to the local government elections on October 22.
Today, acting Local Government Minister Richard Wynne said that the state government would pass legislation in Parliament this week to grant an extension on time.
He said ratepayers would have footed a substantial bill if councillors were sacked and administrators appointed.
Cr Sullivan told Star Weekly he had signed the code before the deadline, but had added a “cheeky” comment below his signature.
“I added a comment at the end basically suggesting that nothing worthwhile has been achieved through compulsion,” Cr Sullivan said.
“I stand by supporting good governance and good process, but the requirements are already in the legislation. This idea that everyone has to sign it really is a moot point.
“[Councillors] still have to comply with the local government regulation statute.”
Mr Wynne said there had been a failure of administrative duties by councils and incompetence in some cases.
“Our ultimate consideration here is ensuring residents don’t have to pay for the administrative mistakes made by their local councils,” Mr Wynne said.
“Communities should be able to rely on their elected councillors to behave with the utmost integrity and professionalism at all times, so it’s important they abide by codes of conduct that reflect these values.”
Municipal Association of Victoria chief executive Rob Spence said that in most of the non-compliance cases, councillors believed they were complying with the requirements.
“In most cases, we are talking about a minor administrative oversight, an honest mistake or an instance where the Inspectorate’s interpretation of the rules differs from a council’s understanding of the legislation,” Mr Spence said.
He said he believed councillors were not given an opportunity to understand their non-compliance.
Victorian Local Governance Association president Cr Sebastian Klein said he welcomed the state government’s announcement.
