VICTORIA’S elected councillors face “oppressive and restrictive” changes to rules on councillor conduct entrenched in legislation passed by State Parliament.
Council Watch Victoria has released a statement saying these changes deny procedural fairness and rules of evidence in councillor dispute hearings. “They aimed to fix poor councillor conduct, but literally are a control mechanism,” said Council Watch spokesman Dean Hurlston.
“With the shocking support of the Liberal/National Coalition, councillors now face a conduct system that can be used purely for political retribution, at ratepayers’ expense,” Hurlston said. “MPs are failing our councillors across the state. Well at least Labor, Liberal and Nationals MPs are.”
Hurlston said he recently had words with Opposition Leader John Pesutto, who hung up on him and none of his comments had anything to do with the Bill and how his party members were forced to vote on the wrong amendments.
“This is also on the back of the Labor Minister Melissa Horne refusing to meet us for months on the proposed reforms. The minister has a history of refusing to meet with those who disagree. Diverse views are not to be tolerated.”
Hurlston notes that MPs themselves do not have such a prescriptive code of conduct. “They can get away with a lot of poor behaviour, so why oppress councillors and silence them?”
Locally elected Councillors can now be pursued and suspended if they “offend people” with their choice of words. Other Councillors can pursue them, and if the minister decides herself to sack them, only a majority of Parliament can stop her.
“Why does it matter? Because you elect councillors to represent you. It is unfair for them to do so, only to be suspended or sacked because they call out fellow councillors, levels of government, or God forbid council staff when things are not right.
“This really is a silencing of dissident and varied public views being expressed by Councillors and sending them to the gulags of shame,” said Hurlston.
“The new conduct reforms will enshrine psychological public abuse on councillors who make mistakes or have strong different opinions, and are publicly shamed and forced to apologise, in many cases for conduct that wasn’t public in the first place. It’s the stuff that ruins reputations and careers forever.
“And presiding over this is the Minister who can determine all manner of suspension or sacking of democratically elected councillors.”
Hurlston said Council Watch members submitted more than 230 submissions in response to the proposed amendments to legislation. The overwhelming view was that the Minister (who is political) should not have such power over other elected officials.
“It would be reasonable by an oversight agency instead. Of course, the minister ignored our submissions. The Local Government industry itself only submitted 70 submissions from over 50,000 staff and representative bodies.”
Hurlston said he sat through the bill debate in parliament and most speakers trashed the bill. “And then the Liberal/Nationals voted for it without the right amendments being in place – betraying every councillor in Victoria (that is not a Labor sycophant). Well-done Labor. Well played. Labor is a formidable political operative.”
“We were told that Peter Walsh MP was the key “negotiator” in the opposition on this bill. I was slammed and blamed by a senior Liberal MP for not talking to Peter Walsh and for not understanding the deal was done considerable time ago.
“Peter has my number, (I am a volunteer, and I am not paid like he and the MPs are). It is the responsibility and role of all MPs to do their own homework and establish the merits of any proposed legislation. That is what we elect them for.”
Hurlston said he and his group asked around who Peter Walsh spoke to but were met with silence. “Did he speak with Liberal aligned councillors, or any councillor at all? We approached many Councillors (who were not Labor members) and asked them if Peter Walsh had contacted them at all. All said “no”.
“We then found two councillors in the northern suburbs of Melbourne who had met with Peter Walsh in September 2023 (9 months ago) and relayed all the issues with the code of conduct system. Funnily, none of the feedback was reflected in the accepted amendments.
“Strangely, Peter Walsh appears to not have consulted with councillors, instead speaking to the industry lobby groups (MAV/VLGA/LGPRO) who gouge $30 million a year from rates for their little empires. Peter Walsh let down councillors across the state.”
“How could you ever hold a different opinion to the Government if you are not willing to speak to different stakeholders? Shame on the Liberals. No wonder Pesutto’s opposition can’t land a blow against Labor. It doesn’t even listen to its own Liberal councillors. It doesn’t even ask them their experiences. It failed to consult with those affected and those that pay for it.”
Hurlston said the LNP also silenced MPs in the chamber who were former councillors and had been speaking up against the Bill. “That’s not reasonable. Was the opposition just grandstanding to look like they had negotiated something? Probably.”
He said councillors deserved politicians across the chamber and political divide, who will protect their reasonable rights to free speech and political expression. “It really is that simple. That is why we elect local councillors to represent us. We do not want them to be a puppet or controlled by any State Government of any political persuasion.”
Hurlston thanked the entire crossbench and the Greens for having integrity and voting against the amendments. “What was the standout was that the Greens, the Libertarians, One Nation, Legalise Cannabis, all of them were united, and it was the only good in all of this.
“David Limbrick MP had some great words, the standout was Moira Deeming MP, free from the Liberal shackles she did what any MP should do, she doubled down and slammed the government’s proposal and defended ALL councillors across the state, refusing the controlling agenda.”
He also praised LNP MP Bev McArthur, who walked out and refused to toe the party line. “I wonder if she got the same gob full, I got this week. Probably. She also doubled down and released her speech slamming the control of councillors.”