Updated 04 March 2024

Background

Council staff and councillors must observe specific legislative and governance requirements during the period leading up to an election.

The Local Government Act 2020 provides that during the ‘election period’ certain prohibitions apply to the general functions and powers of Council. It is during this time that Council enters caretaker mode.

The ‘election period’ is defined by the Local Government Act 2020 as starting at the time that nominations close on nomination day and ending at 6pm on the election day. The last day for nominations is the day that is 32 days before the election day. 

This policy replaces and overrides any previous policy or document that refers to the caretaker or election period.

Objectives

The Election Period Policy (Policy) is a requirement under sections 60 and 69 of the Local Government Act 2020.

The Policy aims to facilitate the continuation of the ordinary business of local government in Latrobe City throughout the election period in a responsible and transparent manner, in accordance with statutory requirements and established caretaker conventions.

This Policy commits Council during the election period to:

• Avoid making any prohibited decisions or significant decisions;
• Avoid making any inappropriate decisions that could unreasonably bind a future Council; and
• Ensure that public resources, including staff resources, are not used in election campaigning or in a way that may improperly influence the result of an election, or improperly advantage existing Councillors as candidates in the election.

Scope

This Policy applies during the ‘Election Period’ (see below for definition) and covers:

• Decisions that are made by Council, a delegated committee of the Council, a community asset committee of the Council or a delegate of the Council;
• Any material that is published by the Council;
• Public consultation by the Council during the Election Period;
• Attendance and participation in functions and events;
• The use of Council resources;
• Access to Council information; and
• Media services.

This Policy takes precedence over any other Council Policy, Framework or Procedure during the Election Period in relation to compliance requirements.

This policy must be complied with during an Election Period if ANY of the following apply to you:

• You are involved in making a prohibited or significant decisions
• You are involved in making a significant decision that will bind the incoming Council
• You are about to publish material which has reference in it to a candidate (which includes sitting Councillors) or the election or an issue before the voters in connection with the election
• You are involved in the creation of any Council publication
• You are involved in any public consultation process
• You are a Councillor who is planning to attend a function or event
• You supply resource support to Councillors
• You are a Councillor requesting access to Council information
• You are a Councillor requesting media advice or services

This Policy has been written to provide a guide only for Council staff, Councillors and candidates and is not a substitute for legal advice.  Individuals should seek their own independent advice if they are unsure about any aspect of the Local Government Act 2020, the Local Government Act 1989 and associated regulations in relation to the election period.

Further Information:

View the Policy below;