The draft Election Period Policy sets out the procedures to be applied by Council during the election period for a general election.

In accordance with rule 16.2 of the Hobsons Bay Governance Rules, Council’s election period policy has been reviewed and is now submitted to Council to be placed on public exhibition in accordance with section 60(4) of the Local Government Act 2020 and Council’s Community Engagement Policy.

The next council election for Hobsons Bay will be held in October 2024.

The Election Period Policy ensures that during an election period for general council elections or any by-elections for Hobsons Bay City Council, the ordinary business of Council continues in a manner that:

Election period provisions are intended to ensure that councils and Councillors will not use public resources in election campaigning or make major policy decisions that may bind the incoming Council.

The policy builds on the minimum statutory standards to enhance the transparency and accountability of Council, Councillors and Council staff during the election period.

Additionally, the policy addresses Councillors and staff standing as candidates in Council, state or federal elections.

Section 69 of the Local Government Act 2020 (the Act) requires Council to include an

Election Period Policy in its Governance Rules. An Election Period Policy must prohibit

any Council decision during the election period for a general election that:

(a) relates to the appointment or remuneration of the Chief Executive Officer but not to the appointment or remuneration of an Acting Chief Executive Office or

(b) commits the Council to expenditure exceeding one per cent of the Council's income from general rates, municipal charges and service rates and charges in the preceding financial year or

(c) the Council considers could be reasonably deferred until the next Council is in place or

(d) the Council considers should not be made during an election period

An Election Period Policy must also “prohibit any Council decision during the election period for a general election or by-election that would enable the use of Council resources in a way that is intended to influence, or is likely to influence voting at the election” (section 69 (3) of the Act).

Bearing in mind the provisions of section 69 (3), Council will continue, through the use of previously appointed Panels, to undertake its approved program of capital works and road maintenance/rehabilitation during the election period, where it believes that works are expected by and for the benefit of the Hobsons Bay community and not likely to influence voting at the election.

Section 123 of the Act (Misuse of Position) prescribes serious penalties for any Councillor who inappropriately makes use of their position or information obtained in their role, to gain an advantage, or disadvantage another.

These statutory requirements are minimum governance standards only. This policy, to be read in conjunction with the Councillor Code of Conduct and Employee Code of Conduct, further defines the expectations on Council, Councillors and Council staff during the period prior to the conduct of Council elections. The Election Period Policy also expands on the list of matters Council will treat as prohibited decisions and provides a process for dealing with them.

The proposed policy makes the following key revisions:

• clarified expectations of Council staff and members of Council committees and delegated committees during the election period, including those who stand for election as Councillors.
• revised wording regarding scheduling consideration of decisions that clarifies the requirements of sections 69(2)(c) and 69(3) of the Local Government Act 2020.
• inclusion of a specific requirement that all items listed on a Council Meeting agenda during an election period be prefaced by an election period statement, and the specified form the election period statement shall take.
• inclusion of a requirement for Councillors to commit to refrain from moving motions or raising matters at a meeting that could potentially influence voting at the election, including matters raised as urgent business
• greater clarity on the requirements for decisions made under the delegated authority of Council during an election period
• prohibition under the policy of the adoption of any new policy, strategy or local law during an election period
• addition of provisions relating to section 69(4) and 69(5) of the Local Government Act 2020
• provisions regarding public consultation undertaken prior to the election period but not yet submitted to Council or a delegated committee for consideration, and to postponing consultation where the matter is likely to affect voting in the election
• requirements for Councillors and members of Council staff who stand for election in a state or federal election
• specified timeline regarding notification of the requirements of the policy by the Chief Executive Officer