Council Meeting Procedures Local Law

Table of Contents

Part 1 Preliminary



Part 4 Use of the Common Seal


Part 5 Offences




Part 1 Preliminary

1.1 Title

This Local Law is the Greater Geelong City Council Meeting Procedures Local Law 2017.


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1.2 Objectives of this Local Law

The objectives of this Local Law are to:

1.2.1 implement changes to the City of Greater Geelong Act (Vic) 1993 (as amended);
1.2.2 regulate and control the use of the Common Seal of Council;
1.2.3 regulate proceedings for the election of the Mayor and Deputy Mayor;
1.2.4 facilitate the orderly conduct of, and regulate proceedings at, meetings of Council and Special Committees at the Greater Geelong City Council;
1.2.5 facilitate the good government of the Greater Geelong City Council and ensure that the Council’s decisions are made in the best interests of the community;
1.2.6 promote and encourage community participation in the good government of the City;
1.2.7 repeal the Greater Geelong City Council Meeting Procedure Local Law 2013.


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1.3 Power to make this Local Law

1.3.1 This Local Law is made in accordance with sections 91(1) and 111(1) of the Local Government Act (Vic) 1989, and the City of Greater Geelong Act (Vic) 1993 (as amended).
1.3.2 The drafting of this Local Law involved due consideration of the Charter of Human Rights and Responsibilities Act 2006.


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1.4 Operational Date of this Local Law

This Local Law operates from the day following the day on which notice of the making of this Local Law is published in the Victorian Government Gazette, at which time the Greater Geelong City Council Meeting Procedure Local Law 2013 will be repealed and will cease to have force and effect.


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1.5 Date this Local Law ceases operation

Unless this Local Law is repealed sooner, its operation will cease on the 10th anniversary of its commencement.


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1.6 Scope of this Local Law

This Local Law shall apply to and have operation throughout the whole of the Municipal District of the Greater Geelong City Council.


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1.7 Definition of the words used in this Local Law

Absolute Majority means a number of Votes greater than one-half of the total number of Votes cast, and if necessary, includes the Vote by a ballot.
Act means the Local Government Act 1989, as amended from time to time.
Amendment means a proposed alteration to improve the terms of a Motion, without being contradictory.
Agenda means the notice of a Meeting setting out the business to be transacted at the Meeting.
Authorised Officer means a member of Council staff who is authorised by Council to carry out specific functions under this Local Law.
Chairperson means the chair of a Meeting and includes acting, temporary, or substitute chairperson, and includes the chair referred to in s10(6) of the COGG Act.
Chief Executive Officer means the Chief Executive Officer appointed by the Council from time to time, or any person acting as Chief Executive Officer under delegated authority.
City means the City of Greater Geelong.
Clause means a clause of this Local Law.
COGG Act means the City of Greater Geelong Act 1993 (as amended by the City of Greater Geelong Amendment Act 2017).
Common Seal means the Common Seal of the Council.
Council means the Greater Geelong City Council.
Councillor means a person who holds the office of member of Council.
Council Meeting means an Ordinary Meeting or a Special Meeting of the Council.
Deliver: means to hand over or mail to a recipient and includes transmission by facsimile, electronic mail or publication on the Geelong Australia Website.
Deputy Mayor has the same meaning given to that term in the COGG Act, and includes any person appointed to act as Deputy Mayor.
Division means the process set out in Clause 3.33.
Direct or Indirect Interest means either a direct interest or an indirect interest as referred to in Division 1A of Part 4 of the Act.
Geelong Australia Website means the Council website with a uniform resource locator of www.geelongaustralia.com.au or such other website which replaces it.

 

Majority in relation to Votes or Members means the number of Votes or Members constituting more than half of the total number.
Mayor has the same meaning given to that term in the Act, and includes any person appointed to act as Mayor.
Meeting means an Ordinary Meeting or a Special Meeting of the Council, and a meeting of a Special Committee.
Member means a Councillor or member of a Special Committee.
Member of Council Staff has the same meaning given to that term in section 3 of the Act, namely:
  1. a natural person who is employed by the Chief Executive Officer (other than an independent Contractor under a contract of service or a volunteer) to enable: 
    1. The functions f the Council under the Act or any other Act to be carried out;
    2. The Chief Executive Officer to carry out his or her functions;
  2. The Chief Executive Officer
Minutes means a record of the proceedings of a Meeting as referred to in Clause 3.11.
Motion means a proposed Resolution before it has been adopted (passed or carried) at a Meeting.
Municipal District means the area from time to time comprising the municipal district of the City.
Notice of Motion means the written notice of a Councillor or a Member to move a Motion at a Meeting as referred to in Clause 3.38.
Offence means an offence against this Local Law.
Ordinary Meeting means any meeting of Council which is not a Special Meeting;
Part means a Part of this Local Law.
Penalty Units means penalty units as prescribed in section 110 of the Sentencing Act 1991.
Point of Order has the meaning referred to in Clause 3.34.
Procedural Motion means a Motion dealing with the conduct of the Meeting as referred in in clause 3.36.
Public Question Time means the policy adopted by the Council from time to time
Policy regulating the circumstances in which and how questions can be raised by the public at Meetings.
Quorum means the minimum number of Members required to be present at a Meeting.
Resolution means a formal determination by a Meeting of Council or Special Committee.
Special Committee means a Committee established by the Council pursuant to section 86 of the Act.
Special Meeting means a Special Meeting of the Council convened and held in accordance with section 84 of the Act.
Vote means expression of opinion by show of hands or other means. 

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Part 4 - Use of the Common Seal

4.1 Purpose

The purpose of this Part is to regulate the use of the Common Seal and to prohibit any unauthorised use of the Common Seal or any device resembling the Common Seal, as required by Section 5(3)(c) of the Act.


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4.2 Use of the Common Seal

The Council’s Common Seal may only be used on the authority of the Council given either generally or specifically by Resolution.


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4.3 Signature to accompany Seal

Every document to which the Common Seal is affixed must be signed by the Chief Executive Officer or his or her delegate, and countersigned by the Mayor where required.


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4.4 Unauthorised use of the Common Seal

Any person who uses the Council’s common seal without authority or who uses a replica of the Council’s common seal is guilty of an offence.

Penalty: Five (5) penalty units.

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4.5 Security of the Common Seal

The Chief Executive Officer must ensure the security of the Common Seal at all times.


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Part 5 - Offences

5.1 Offences

5.1.1 It is an Offence in relation to the conduct of Meetings for:
5.1.1.1 a Member to refuse to withdraw an expression, considered by the Chairperson to be offensive as referred to in Clause 3.46 and to refuse to apologise after having been requested by the Chairperson to do so.
Penalty: Five (5) Penalty Units.
5.1.1.2 any person not being a Member, who is behaving in a disorderly or improper manner, to refuse to leave the Meeting room when requested to do so.
Penalty: Five (5) Penalty Units
5.1.1.3 any person to fail to obey a direction of the Chairperson in relation to the conduct of the Meeting and the maintenance of order.
Penalty: Five (5) Penalty Units
5.1.1.4 a Member to refuse to leave the Meeting room upon suspension.
Penalty: Five (5) Penalty Units.
5.1.1.5 a Member to knowingly disregard or refuses to comply with a Resolution.
Penalty: Five (5) Penalty Units

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This Local Law was made by Resolution of the Greater Geelong City Council on 20 September 2017.

THE COMMON SEAL of GREATER GEELONG )  
CITY COUNCIL was affixed hereto in )  
the presence of: )  
     
     
Chief Administrator    
     
     
Chief Executive Officer    


Council resolved to give notice of its intention to make this Local Law at its meeting held on 2 August 2017 date and this was duly notified in the Victoria Government Gazette on 10 August 2017 and the Geelong Advertiser on 12 August 2017.

Council resolved to adopt this Local Law at its meeting held on 20 September 2017 and this was duly notified in the Victoria Government Gazette on 28 September 2017 and the Geelong Advertiser on 30 September 2017.


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Page last updated: Wednesday, 11 August 2021

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