Victoria moves to tighten rules for councillors eyeing parliament

Victorian councillors in Australia who nominate for state or federal parliament are not legally required to step down during an election campaign under current laws. The Local Government Act 2020 only stipulates that councillors must keep their election activities distinct from their council duties.

This lack of explicit direction leaves the decision to take leave up to individual councillors. However, proposed amendments currently under consideration in parliament aim to change this. The Municipal Association of Victoria (MAV) currently advises nominees to take a leave of absence from their council no later than the date of their nomination. This recommendation is intended to help councillors avoid potential conflicts of interest and the perception of misusing their position or council resources.

Several other Australian jurisdictions, including New South Wales, Western Australia, South Australia, and Tasmania, manage these arrangements through council policies or guidance, without mandating leave. The proposed changes in Victoria would enforce the MAV guidelines, requiring councillors to take a leave of absence once they officially nominate. Furthermore, mayors and deputy mayors would be obligated to stand down significantly earlier than the nomination day.

Under the new rules, all councillors would have to notify the chief executive of the election they are contesting and the date they declared their candidacy. If a councillor is a member of a political party, this notification must be made as soon as possible after pre-selection. For those not affiliated with a party, notification is required as soon as they publicly announce their intention to be a candidate. Failure to comply with these notification requirements could result in a fine of A$25,092. The rules would apply to elections held on or after January 1, 2027.