Print Version PDFResponsibilities, Functions and Legislation
Where local councils fit in to our system
of government in Australia
Local government
operate within a legislative framework established by the Victorian Parliament
through the Local Government Act 1989.
The Act gives the Victorian Parliament the power to make laws it considers
necessary for local government, including laws relating to the constitution of
local government, council elections and the powers and duties of councillors
and council staff.
In 2003, Parliament passed changes that
represent the most fundamental and extensive amendments to the Local Government
Act since its inception. These changes included electoral reforms to ensure
representation that is more democratic; governance changes to improve transparency
and probity; and more accountable financial management and public reporting.
The amended Act also acknowledges the constitutional status of local government
in Victoria for the first time.
Local
government is now recognised through an amendment to the Victorian Constitution Act 1975. In 2003, local government was
recognised as a ‘distinct and essential tier of government consisting of
democratically elected local governments’. The local government provisions in
the Constitution cannot now be removed or changed without the approval of
Victorian electors in a statewide referendum.
So
while local government is not recognised in the Federal constitution after the
failure of the 1988 referendum, it is recognised and protected in the Victorian
constitution. A council can be suspended under certain circumstances but only
after a determination of the Governor in Council, supported by both houses of
parliament. A council cannot be dismissed without an Act for
dismissal being brought before the parliament relating specifically to that
council.
