Governance

In accordance with Section 306 of the Local Government Act 2020, a person who was a candidate in the election must submit an Election Campaign Donation Return to the Chief Executive Officer, within 40 days of election day.

The Return is to contain prescribed details in respect of any gifts received during the donation period by a candidate or on behalf of a candidate, to be used for or in connection with the election campaign, the amount or value of which is equal to or exceeds the gift disclosure threshold (being $500).

A candidate is not required to specify the prescribed details of an amount in a return if the amount was a gift made in privacy capacity to the candidate for their personal use and the candidate has not used or will not use the gift solely or substantially for the purpose related to the election. This also includes a gift made on behalf of the members of an unincorporated association.

Two or more gifts made by the same person to or for the benefit of the candidate are to be taken as one donation.

Election Campaign Donation returns are a matter of public record and are available on the Council website until the close of the roll for the next general election.

A person who fails to give a return or gives a return that contains particulars that are false will be guilty of an offence and liable to a fine not exceeding 60 penalty units.

Election campaign donations 2020(PDF, 93KB)

The Freedom of Information Act 1982 (the FOI Act) gives people the right to access documents held by Victorian government agencies.

The FOI Act has four main functions:

1. To provide a general right of access to documents.
2. To enable individuals to amend incorrect documents about them held by government.
3. To provide rights appeal in relation to the previous two functions.
4. To require agencies to publish certain details about themselves and their functions.

For more information on the FOI Act and procedures see Office of the Victorian Information Commissioner

The Gender Equality Act 2020 commenced on 31 March 2021 and aims to improve workplace gender equality.

The Act promotes gender equality by:

1. Requiring the Victorian public sector, local councils and universities to take positive action towards achieving workplace gender equality.
2. Requiring these organisations to consider and promote gender equality in their policies, programs and services.
3. Establishing the Public Sector Gender Equality Commissioner to provide education, support implementation and enforce compliance.

Gender Impact Assessments

Council is required to complete Gender Impact Assessments when developing policies, programs and services, to ensure they benefit all Victorians.

Gender Impact Assessments must:

1. Assess the effects that the policy, program or service may have on people of different genders.
2. Explain how the policy, program or service will be changed to better support Victorians of all genders and promote gender equality.
3. Where practical, apply an intersectional approach to consider how gender inequality can be compounded by disadvantage or discrimination that a person may experience on the basis of other factors such as age, disability, or ethnicity.

Gender Equality Action Plan

Council has a Gender Equality Action Plan that:

1. Understands why we need gender equality.
2. Identifies where we need to change.
3. Plans and implements actions that will achieve progress. 

The Local Government Act 2020 requires Councillors and Nominated Officers of Southern Grampians Shire Council to complete Personal Interest Returns.

A Personal Interest Return must be completed within 30 days of the commencement in their role, and then biannually in March and September of each subsequent year.

The Victorian Government imposes penalties for false and incomplete information provided in any Personal Interest Return, and for failing to lodge the Personal Interest Return within the legislated timeframes.

Council is required to provide public access to a summary of the Personal Interest Return's which have been lodged. 

Summary of Personal Interest Returns - Councillors and Nominated Officers

Southern Grampians Shire Council believes that the responsible handling of personal and health information is a key aspect of democratic governance, and is strongly committed to protecting an individual's right to privacy.

Accordingly, Council is committed to full compliance with its obligations under the Privacy and Data Protection Act 2014 (Vic) (Privacy Act) and the Health Records Act 2001 (Vic) (Health Act). In particular, Council will comply with the Information Privacy Principles and the Health Privacy Principles contained in these Acts.

About personal and health information

This Policy applies to both personal and health information held by Council.

Personal Information means information or an opinion, whether true or not, and however recorded in any form, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

For example, Council holds personal information about its ratepayers (e.g. names and addresses) in order to carry out its functions (eg planning, valuation and property services). It may also request personal information in order to provide education, welfare and other community services. In some instances, personal information may be contained on a public register (register of building permits, food premises and animal registration details).

Health Information is broadly defined to include information or an opinion about the physical, mental or psychological health of an individual, a disability, an individual's expressed wishes for future provision of health services or any health service provided to an individual, or other information collected to provide or in providing a health service.

For example, Council holds health information on the recipients of immunisations in order for the Medical Officers of Health and the Environmental Health Officers to provide a personalised service to the recipient. It may also request health information in order to provide community service needs.

Some personal information may also be "sensitive information" as defined in the Privacy Act. Sensitive information includes information like an individual's racial or ethnic origin, political views, religious beliefs, sexual preferences, membership of groups or criminal record.

Information collected by Council

Council will only collect personal and health information that is necessary for its functions and activities and in doing so will use lawful and fair means.

We will only collect sensitive information where consent has been given or otherwise as permitted by law.

If it is reasonable and practicable to do so, Council will collect personal and health information direct from the individual. When doing so, Council will inform the individual of the purpose/s for which the information is collected. If Council collects personal and health information about an individual from someone else, it will take reasonable steps to make the individual aware of these matters.

Individuals will have the option of not identifying themselves when supplying information or entering into transactions with Council wherever it is lawful and practicable.

How information is used

Council will only use or disclose personal and health information for the purpose for which it was collected.

Council staff will treat personal and health information confidentially. If Council needs to share information for any other purpose than for which it was collected, agreement will be sought before doing so (unless otherwise required by law).

How information is kept secure

Council will maintain secure systems for storing personal and health information.

Council will also maintain operational policies and procedures to protect personal and health information from misuse and loss and from unauthorised modification or disclosure.

Council will destroy or de-identify personal and health information if it is no longer needed for any purpose or as required by law.

Accessing or updating your personal information

Individuals have a right to seek access to their personal and health information and make corrections. Access and correction will be handled under the Victorian Freedom of Information Act. Some limits may apply where particular circumstances prevent Council from releasing information. If any limits apply this will be explained.

If personal and health information is inaccurate, incomplete, misleading or out of date, the individual may request Council to correct this information. Personal and health information cannot be removed from records, but a correcting statement may be added.

Requests for access and/or correction of personal and health information should be made to Council's Privacy Officers.

Third party contractors

Council does outsource some of its functions to third party contractors. All third-party contractors will be required to comply with the Acts in all respects.

Handling complaints

Council's Privacy Officers will handle complaints in relation to privacy and confidentiality.

Complaints will be investigated, and a written response will be provided as soon as possible (but no later than 45 days).

Protection of people who make genuine disclosures about improper conduct in the public sector is critical for an effective integrity and anti-corruption system.

How Council treats Public Interest Disclosure

Council does not tolerate corrupt or improper conduct by its employees, officers or members, nor the taking of reprisals against those who come forward to disclosure such conduct.

Employees and members of the public are encouraged to report known or suspected incidences of corrupt or improper conduct.

Council will take all reasonable steps to protect people who make disclosures without the fear of reprisal. It will also afford natural justice to the person who is the subject of the disclosure.

Protecting persons making a disclosure

All correspondence, phone calls and emails from persons making disclosures are referred to the Public Interest Disclosure Coordinator.

The Public Interest Disclosure Coordinator will take all necessary steps to ensure that the identity of the person making a public interest disclosure and the person who is subject of the disclosure are kept confidential. Where necessary, the Public Interest Disclosure Coordinator will arrange for appropriate welfare support for the person making a public interest disclosure.

How to make a disclosure

Public Interest Disclosures may be made by employees or by members of the public.

Part 2 of the Act provides that a person may make a disclosure:

Contact by post:
Confidential and Private
Public Interest Disclosure Coordinator
111 Brown Street
Hamilton VIC 3300

Contact by phone:
Phone: (03) 5573 0425

Public Interest Disclosures may relate to corrupt or improper conduct by: