Royal Commission

Local Government Caretaker Period Reminder

Andrew Sherman, Michael Dowling, Kate Bartlett, and Shaun Burmester

We all know that Council elections are to be held on 24 October 2020, and that the Caretaker Period is almost upon us, commencing 22 September 2020. Here are some last minute reminders for Councils.

Council elections are scheduled for 24 October 2020 (Election Day) (excluding South Gippsland, Casey, and Whittlesea), and the Caretaker Period (also known as the Election Period) will commence on 22 September 2020 and continue until 6pm on Election Day.

It is likely these matters are understood or obvious but it is surprising how often Councils become “unstuck”.

  1. Complying with your Election Period Policies, including restrictions on Major Policy Decisions: Council’s Election Period Policy forms part of its Governance Rules under the Local Government Act 2020. Make sure your Council is complying with this policy and not planning to make any “Major Policy Decisions”, including decisions:
    1. on the appointment or remuneration of a permanent chief executive officer (decisions on appointments or remuneration of acting chief executive officers remain permitted);
    2. committing Council to expenditure exceeding 1% of the Council’s income from general rates, municipal charges and service rates and charges in the preceding financial year;
    3. that the Council considers could be reasonable deferred until the next Council is in place; or
    4. that the Council considers should not be made during a Caretaker Period.

  2. Avoiding breaches of advertising or influence rules: Councillors and Council staff must not use Council resources:
    1. to intentionally or recklessly print, publish, or distribute (or cause to be printed, published or distributed) any electoral material on behalf or, or purporting to be on behalf of, a Council, unless it only contains information about the election process or other information required by law; or
    2. in a way that is intended or is likely to affect the result of an election.

Further information

To discuss any aspect of the Caretaker Period, including relevant Election Period Policies and your Council’s obligations, please contact Andrew Sherman, Michael Dowling, Kate Bartlett, or Shaun Burmester.

If you’d like to stay up to date with any of Russell Kennedy's mailing lists, please sign up here.

View related insights

vacant residential land

VRLT notifications due soon – what do Victorian landowners need to do next?

6 Feb 2026

Victorian landowners face an important deadline, with Vacant Residential Land Tax (VRLT) notifications due by 15 February 2026 for any residential land that may have been vacant during 2025.

View
Building Regulation 360 x 240

$110,000 Fine for Failing to Comply with a Building Order

9 Dec 2025

Whitehorse City Council, represented by Russell Kennedy, commenced prosecution proceedings against a corporate proprietor for failing to comply with a Building Order issued under section 118(1) of the ...

View
Canopy trees 360 x 240

Victoria's new Planning rules for protection of canopy trees

23 Sep 2025

The best time to plant a tree was 20 years ago. The second best time is now? The Victorian Government has set a target to increase the tree canopy cover of urban areas within Melbourne by 30 per cent. ...

View