Media release: GBAC calls for urgent reform of Councillor stand-down laws to protect local democracy
The Greater Ballarat Alliance of Councils (GBAC) calls on the Victorian Government to immediately address a legal loophole that allows privately initiated prosecutions to disrupt local democracy.
Councillors facing accusations from private individuals are forced to stand aside before an independent authority determines if the allegations have merit. This creates the potential for elected councils to be disrupted and communities to lose effective representation.
GBAC Chair and City of Ballarat Mayor Cr Tracey Hargreaves said the Victorian Government must urgently act to restore balance between accountability and functioning of local government.
“There must be no question that elected representatives are accountable for their actions. The rule of law must always be upheld,” said Cr Hargreaves.
“But the Victorian Government must fix a process that allows councils to be disrupted before private allegations have been independently assessed. This is not a matter that can wait.”
“People expect strong accountability from their elected representatives, but they also expect their council to continue operating, making decisions and delivering essential services. The Victorian Government must ensure the law achieves both.”
Representing six councils across western Victoria, GBAC strongly supports the rule of law. Councillors, like all members of the community, must be accountable for their actions and where wrongdoing is proven through a proper legal process, appropriate consequences must follow.
The issue is not whether private prosecutions should exist. They have a legitimate role within the justice system. But current laws allow the democratic consequences of an allegation to occur before the justice system has determined whether a matter should proceed.
If enough councillors are required to stand aside, councils can be unable to meet legislative requirements, hold meetings or make significant decisions on behalf of residents.
For councils and communities, the consequences are significant. When councillors are removed from decision-making, the disruption is felt across the entire community. It can delay critical council responsibilities, including budgets, planning matters, contracts, community programs and services that residents, businesses and community organisations rely upon.
A GBAC member council is currently experiencing the impacts of councillors being required to stand aside following privately initiated criminal proceedings.
GBAC calls on the Victorian Government to act now to restore balance, protect local democracy and ensure councils across Victoria can continue serving their communities.
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Media contact: GBAC Secretariat – Premier Strategy – mobile 043857866