Eligibility to stand
You can stand for council if you're:
- enrolled on the voters' roll of the council holding the election
- qualified to become a councillor.
Disqualification and ineligibility
Under the Local Government Act 1989, you may be disqualified or ineligible to stand for council if you meet certain criteria.
It is an offence to nominate as a candidate when not qualified to do so. If a person is unsure about their entitlement to nominate, they should seek advice to clarify their situation.
A returning officer has the power to force the retirement of a candidate and remove the candidate from the ballot paper before an election where there is clear evidence a candidate may not be qualified, or is disqualified from nominating under the Act.
Under the Local Government Act, you'll be disqualified from becoming or continuing to be a councillor if you:
- are a member of a state, territory or federal parliament
- are employed as a ministerial officer, parliamentary adviser or electorate officer by a member of state, territory or federal parliament
- are a councillor in another Australian council, unless you resigned from that position before nominating
- are an undischarged bankrupt or your property is subject to control under bankruptcy law
- are of unsound mind
- are a member of council staff in the municipality where the election is being held and you haven't taken leave to stand for election
- have not taken the oath of office or made the declaration to abide by the Councillor Code of Conduct
- are not a person referred to in Section 48(1)(a) of the Constitution Act 1975
- are disqualified from managing corporations under Part 2D.6 of the Corporations Act (Commonwealth)
- are not 18 years or older
- are disqualified after a finding of gross misconduct by the Victorian Civil and Administrative Tribunal and the period of disqualification hasn't expired
- have been convicted of an offence punishable upon first conviction by a term of imprisonment of two years or more within eight years of the date of conviction
- are incapable of becoming a councillor.
Under the Local Government Act, you can't become a councillor for eight years from the date of conviction for:
- making improper use of position as a councillor
- breaching the provisions relating to conflict of interest
- electoral offences
- acting as a councillor when incapable of being one.
If you've been convicted of an indictable offence or one of the statutory offences listed in section 29 of the Local Government Act, you also have to wait eight years from the date of conviction before standing for council.