What are the Powers of Council?

The Victorian Constitution recognises local government as "a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district" (s. 74A(1)).

Because it is created by statute, a council has only the powers conferred on it by the Victorian Parliament. These powers include those which are expressly set out in the Local Government Act 1989 and the powers which can be implied, and powers which are incidental to the stated powers.

The Local Government Act contains a "Local Government Charter" which sets out the purpose of local government, the objectives of a Council, the role of a Council, the functions of a Council and the powers of Councils. Click here to read the Charter.

The Act states that "a Council has the power to do all things necessary or convenient to be done in connection with the achievement of its objectives and the performance of its functions" but this broad power is limited by any limitations or restrictions imposed by or under the Local Government Act or any other Act. Click here to read a list of the things Council does.