Dispute resolution procedures
Please find below the Dispute resolution procedures sections of the Yarra Councillors' Code of Conduct:
7. Dispute Resolution Procedures - refer details in Sections 81A, 81B, 81C of the Act
Before commencing any formal dispute resolution process, Councillors who are parties to any disagreement will endeavour to resolve their differences in a courteous and respectful manner, recognising that they have been elected to represent the best interests of the community. Councillors may seek assistance in resolving their differences. This dispute resolution procedure is intended to be used when Councillors have been unable to resolve an interpersonal conflict and where the situation is unduly affecting the operation of the Council. It is not intended to resolve differences in policy or decision making, which are appropriately resolved through discussion and voting in Council and Committee meetings.
A “dispute” will be considered to be declared if the Council resolves that its operation is being impeded because of a dispute between some or all of the Councillors. If a dispute is declared and the Council cannot resolve the dispute internally, the Council will, as soon as is feasible following a resolution of the Council, make an application to a Councillor Conduct Panel under section 81B of the Act in respect of a Councillor’s conduct. This application can also be made by a Councillor, or a group of Councillors.
An application made under this section must comply with section 81B of the Act.
Applications and proceedings made and conducted under this part of the Act must be suspended during the election period for a general election.
Definitions - Section 81A of the Act
In this Division—
CCP Registrar means a member of Council staff who is not the Chief Executive Officer and who is appointed in writing by the Chief Executive Officer to be the Councillor Conduct Panel Registrar for the Council under clause 8(1) of Schedule 5;
Councillor Conduct Panel means a panel of 2 people established by the MAV under Schedule 5;
gross misconduct by a Councillor means behaviour that—
(a) contravenes—
(i) the Councillor conduct principles, and
(ii) a section of this Act, the contravention of which has a penalty of at least 10 penalty units, or
(b) demonstrates that a Councillor is not of good character or is otherwise not a fit and proper person to hold the office of Councillor
MAV means the body corporate known as the Municipal Association of Victoria established under the Municipal Association Act 1907
misconduct by a Councillor means—
(a) conduct by a Councillor that is in breach of the Councillor Code of Conduct, or
(b) the failure of a Councillor to comply with a direction of a Councillor Conduct Panel where the Panel has not made a finding of misconduct against the Councillor
serious misconduct by a Councillor means—
(a) the failure of a Councillor to comply with a direction of a Councillor Conduct Panel following a finding of misconduct made by the Councillor Conduct Panel in respect of
the Councillor, or
(b) the failure of a Councillor to cease conduct that contravenes the Councillor Code of Conduct after a Councillor Conduct Panel or VCAT has made a finding of misconduct or serious misconduct against the Councillor in respect of that behaviour, or
(c) conduct by a Councillor that contravenes the Councillor conduct principles after the Councillor has had a previous finding of misconduct, serious misconduct or gross misconduct made against them by a Councillor Conduct Panel or VCAT in the last 4 years, or
(d) conduct by a Councillor that contravenes—
(i) the Councillor conduct principles, and
(ii) section 76E or 77.
Application to Councillor Conduct Panel - Section 81B of the Act
(1) An application for a Councillor Conduct Panel to make a finding of misconduct against a Councillor, or to authorise an application to VCAT for a finding of serious misconduct, may be made by —
(a) the Council, following a resolution of the Council to make an application to a Councillor Conduct Panel under this section in respect of a Councillor's conduct, or
(b) a Councillor, or
(c) a group of Councillors.
(2) An application made by a Councillor or group of Councillors must be lodged with the CCP Registrar
(3) An application made under this section must—
(a) specify the ground or grounds for the application
(b) set out the circumstances, actions or inactions of the Councillor who is the subject of the application that are alleged as constituting misconduct or serious misconduct
(c) if the Councillor Code of Conduct provides processes for resolving internal disputes between Councillors—
(i) the reasons why the matter cannot be resolved by those processes, or
(ii) if those processes were used, the reasons why the matter was not resolved through
those processes
(d) if the application is made by the Council or a group of Councillors, state the name and address of the Councillor whom the Council has, or group have, appointed as representative of the Council or group
Dismissal of application - Section 81C of the Act
A Councillor Conduct Panel may dismiss an application made by a Councillor or group of Councillors under section 81B at any time if—
(a) the application is frivolous, vexatious, misconceived or lacking in substance, or
(b) insufficient reasons have been given to explain why the matter cannot be resolved by internal dispute resolution processes.
Further information
Ivan Gilbert
Executive Manager - Governance
9205 5110
Ivan.Gilbert@yarracity.vic.gov.au
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