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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 and capabilities of the sector for the benefit of Victorian communities;

1.1.2 promote through its advocacy role appropriate powers, functions and responsibilities for local government having regard to the 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-governmental co-operation;

1.1.4 strengthen the Association’s leadership role in Victorian local government by focusing on:

1.1.4.1 targeted advocacy to Governments and relevant organisations;

1.1.4.2 continually improving systems for effective member liaison, communication and participation; and

1.1.4.3 building the capacity and capabilities of Victorian councils to meet the challenges of the 21st century;

1.1.5 provide policy and strategic advice to Victorian councils;

1.1.6 provide support to Victorian councils; and

1.1.7 provide services to Victorian councils.

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 These Rules are made under the Municipal Association Act 1907.

1.4 Any previous Rules made under the Municipal Association Act 1907 are revoked.

2. Definitions

Unless express or implied to the contrary, the following terms appearing in these Rules have the meanings respectively set out:

‘Act’means the Municipal Association Act 1907.
‘Association’means the Municipal Association of Victoria.
‘Audit and Risk Committee’means the Audit and Risk Committee established under Rule 25.
‘Board’means the Board referred to in Rule 9.
‘Board member’means the President or a Director (including a Director who is a Deputy President).
‘business day’means a day which is not a Saturday, Sunday or public holiday for the whole of Victoria.
‘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.
‘Corporations Act’means the Corporations Act 2001 (Cth) or any Act which substantially re-enacts the Corporations Act 2001 (Cth).
‘councillor’

means a person who holds the office of member of a Victorian council, and includes a person appointed as Administrator of a council by an Order in Council made under Division 7, 8 or 9 of Part 7 of the Local Government Act 2020 or by or under any other Act.

‘delegate’

means a councillor of a participating member council chosen by that council to be its representative at the State Council, and includes, in the absence of the councillor at a meeting of the State Council, a substitute delegate of the council of which the Councillor is a member.

‘Director’

means a member of the Board who is not the President.

'Eligibility Criteria'

means the criteria that apply for a person to be eligible to act in the role of the President, a Director or other officer of the Association, as set out in the Fit and Proper Person Policy.

'Fit and Proper Person Policy'

means the policy required to be adopted by the Board in accordance with sub-Rule 21.5, as amended from time to time.

‘Local Government General Election’means a general election held in accordance with the Local Government Act 2020.
‘MAV Election Day’means the first Friday in March in every second year.
‘non participating member council’means a council which is not a participating member council.
'officer'has the meaning set out in the Corporations Act.
‘participating member council’has the meaning set out in sub-Rule 5.1.
‘regional groupings of councils’means –
(a) the councils within the metropolitan area that comprise the five (5) metropolitan regions; and
(b) the councils outside the metropolitan area that comprise the five (5) non-metropolitan regions
– that are determined and classified from time to time by the Board.
‘Register of Delegates’means the Register of Delegates maintained under sub-Rule 7.6.
‘the State Council’means the body consisting of all the delegates of participating member councils of the Association.

3 Amendment of Rules

3.1 Subject to sub-Rules 3.2-3.5 (inclusive), these Rules may be amended by the State Council.

3.2 An amendment to the Rules may be proposed by:

3.2.1 any participating member council:

3.2.1.1 notifying the Chief Executive Officer that it has, by resolution, expressed support for the proposed amendment; and

3.2.1.2 submitting to the Chief Executive Officer a motion setting out the proposed amendment, which must be received not less than 60 calendar days before the meeting of the State Council at which consideration is sought of a resolution of the kind described in sub-Rule 3.3.1; or

3.2.2 the Board.

3.3 Unless extraordinary circumstances exist and the Board resolves that a proposed amendment should be submitted to the State Council for determination as a matter of urgency so that the operations of the Association will not continue to be seriously impaired, a proposed amendment to the Rules cannot be submitted to the State Council for determination unless:

3.3.1 the State Council first resolves that the proposed amendment be the subject of consultation between the Association and participating member councils;

3.3.2 at least 60 calendar days elapse between the resolution of the State Council and notice of the proposed amendment being given to delegates under sub-Rule 3.3.3; and

3.3.3 notice of the proposed amendment, and a report on the outcome of the consultation, is given to delegates not less than 30 calendar days before the meeting of the State Council at which the proposed amendment is to be submitted for determination.

3.4 The State Council may determine to amend the Rules where at least 60 per cent of all delegates appointed under Rule 7 vote in favour of the proposed amendment.

3.5 Any amendment to the Rules by the State Council does not take effect until the amendment is approved by the Governor in Council.