Victorian Numbered Acts

COVID-19 OMNIBUS (EMERGENCY MEASURES) ACT 2020 (NO. 11 OF 2020) - SECT 56

After Part 11 of the Local Government Act 2020 insert —

" Part 12—COVID-19 temporary measures

        392     Purpose and effect of Part

    (1)     The purpose of this Part is to temporarily change the operation of this Act in response to the COVID-19 pandemic.

    (2)     This Part applies despite anything to the contrary in—

        (a)     another Part of this Act; or

        (b)     any other Act, other than—

              (i)     the Charter of Human Rights and Responsibilities; or

              (ii)     the COVID-19 Omnibus (Emergency Measures) Act 2020 ; or

              (iii)     the Constitution Act 1975 ; or

        (c)     any subordinate instrument, other than a subordinate instrument made under—

              (i)     the Charter of Human Rights and Responsibilities; or

              (ii)     the COVID-19 Omnibus (Emergency Measures) Act 2020 ; or

              (iii)     the Constitution Act 1975 ; or

        (d)     any other law.

        393     Definitions

In this Part—

"prescribed period" means the period commencing on 1 May 2020 and ending on 1 November 2020;

"special committee "has the same meaning as it has in section 3 of the Local Government Act 1989 .

        394     Council meeting attendance

For the prescribed period, a requirement of this Act or any other Act or the regulations under this Act or any other Act, that a Councillor, member of a governing body of a regional library or any other person, be present at or attend any of the following meetings is satisfied if the Councillor, member or other person participates in the meeting by electronic means of communication—

        (a)     a Council meeting;

        (b)     a joint meeting of Councils;

        (c)     a meeting of a delegated committee or joint delegated committee;

        (d)     a meeting of a governing body of a regional library;

        (e)     a meeting of a special committee.

        395     Meetings may be closed to the public during the prescribed period

    (1)     Subject to subsection (2), for the prescribed period, a requirement of this Act or any other Act or the regulations under this Act or any other Act, that a meeting specified in section 394 be open to the public, is satisfied if—

        (a)     in the case of a meeting specified in paragraph (a) or (b) of section 394, the meeting is streamed live on the Internet site of the Council; or

        (b)     in the case of a meeting specified in paragraph (c) or (e)—

              (i)     the meeting is streamed live on the Internet site of the Council; or

              (ii)     the meeting is recorded and made available on the Internet site of the Council as soon as practicable after the meeting.

    (2)     A Council or delegated committee is not required to stream the meeting live on the Internet site of the Council or make a recording of the meeting available on the Internet site of the Council (as appropriate) if the Council or delegated committee considers it necessary to close the meeting to the public because of a circumstance specified in section 66(2)(a).

    (3)     For the avoidance of doubt, a Council, delegated committee or special committee is not required to allow the public to attend a meeting specified in section 394(a), (b), (c) or (e) for the duration of the prescribed period.

        396     Repeal of Part

This Part is repealed on 2 November 2020.".

Part 5.4—Amendment of Parliamentary Committees Act 2003