Rules Part 1 – Preliminary

1. Objectives

  • 1.1. The objectives of the Association are to:
    • 1.1.1. promote local government and improve community awareness of the capacity of local government throughout Victoria to act effectively and responsibly;
    • 1.1.2. promote through its advocacy role appropriate powers, functions and responsibilities for local government having regard to the individual needs and characteristics of its individual members;
    • 1.1.3. act as the representative body of local government for the purpose of promoting effective inter-government co-operation;
    • 1.1.4. strengthen the Association’s leadership role in local government in Victoria by focusing on:
      • targeted advocacy to Governments and relevant organisations; and
      • continually improving systems for effective member liaison, communication and participation.
    • 1.1.5. identify the administrative requirements relating to various matters under the Municipal Association Act 1907 including provisions that:
      • establish the management of the Association;
      • provide mechanisms for participation by members;
      • regulate its proceedings;
      • fix subscriptions;
      • regulate and manage the Municipal Officers’ Fidelity Guarantee Fund; and
      • generally provide for all matters affecting the management of the Association.
  • 1.2. The Association may exercise all functions and powers which are necessary or convenient for it to carry out its objectives provided it is not inconsistent with the Municipal Association Act 1907 or any other Act.
  • 1.3. Revocation
    Any previous Rules made under the Municipal Association Act 1907 are revoked.
  • 1.4. These Rules are made under the Municipal Association Act 1907.

2. Definitions

  • 'Act' means the Municipal Association Act 1907.
  • 'Association' means the Municipal Association of Victoria.
  • 'Board' means the Management Board or the Interim Management Board.
  • 'Chief Executive Officer' means the person appointed by the Board to be the Chief Executive Officer of the Association or any person acting in that position.
  • 'Councillor' means a person who holds the office of member of Council; and includes a person appointed by Order in Council under section 219 or section 220R of the Local Government Act 1989.
  • ‘Member’ means:
    (a) in relation to meetings of the State Council or annual meetings, a representative;
    (b) in relation to meetings of the Board, a member of the Board;
    (c) in relation to a committee — a person who is a member of that committee.
  • 'Non participating member council' means any council which is not a financial member of the Association because it has not complied with clause 4 of the Rules.
  • 'Local Government General Election' means a general election held in accordance with the Local Government Act 1989.
  • 'Participating member Council' means a Council which is a financial member of the Association under clause 4.
  • 'Regional groupings of councils' means:
    (a) the councils within the metropolitan area that comprise the 6 metropolitan regions; and
    (b) the councils outside the metropolitan area that comprise the 6 rural regions that are determined and classified from time to time by the Board
  • 'Representative' means a councillor and includes, in the absence of the representative of the council at a meeting, the substitute representative of that council who exercises a vote on any matter as if he or she were the representative of the council.
  • 'State Council' means the body consisting of all the representatives of councils which are financial members of the Association.
  • 'Significant Decision' means a decision relating to:
    (a) a change in the policy position of the MAV;
    (b) entering into contracts with the value of $200,000 or more;
    (c) the expenditure of unbudgeted funds; or
    (d) the employment or remuneration of the Chief Executive Officer.

3. Alteration of Rules

  • 3.1. An amendment to the Rules may be proposed by:
    • 3.1.1. any member notifying the Chief Executive Officer; or
    • 3.1.2. the Board.
  • 3.2. The Chief Executive Officer must provide written notice of the proposed amendments to the Rules to members thirty five (35) days before submission of the amendments to the State Council for determination.
  • 3.3. Despite clause 15 of Schedule 3, the State Council may amend the Rules where 60% of the representatives of participating member councils vote in favour of the proposed amendment.
  • 3.4. When the Rules obtain the approval of the Governor in Council under section 3 of the Act, they become the Rules of the Association.