Governance for Councils
Good governance in local government isn't a compliance exercise — it's the foundation on which every decision, every service and every dollar of public money rests. Councils operate under a distinct set of governance obligations that go well beyond those of a typical organisation. Elected officials must balance democratic accountability with operational effectiveness.
Officers must act within statutory frameworks while delivering results under community scrutiny and political pressure. When governance fails — or even appears to fail — the consequences are swift, public and serious.
Hunt & Hunt advises councils, councillors and senior officers on the full spectrum of governance obligations, from the structural and procedural to the complex and contentious. We combine deep local government expertise with practical commercial judgment, helping councils build governance frameworks that work in the real world and hold up under challenge.
The Governance Challenge in Local Government
Councils face governance demands that are genuinely unlike those of any other organisation. Decision-making is subject to the Local Government Act 2020 (Vic), a raft of subordinate legislation, model rules, mandatory policies and community expectations of transparency. At the same time, councils must operate efficiently, manage competing interests and deliver services across a wide range of functions.
The governance risks are real and varied. Poorly documented decisions invite legal challenge. Conflicts of interest — managed badly or not at all — attract integrity agency scrutiny and media attention. Delegation frameworks that are outdated or unclear create liability exposure. Dysfunctional council chambers can paralyse decision-making and trigger state intervention.
We understand these pressures. Our advice is grounded in how councils actually operate — not how they operate in theory.
What We Do
We advise councils and their leadership teams across every dimension of local government governance, including:
Designing and reviewing governance frameworks, council policies, instruments of delegation, and decision-making protocols that are legally sound and operationally practical.
Advising on councillor duties, conduct obligations, disclosure requirements and the management of breaches — including guidance on the councillor conduct framework and interactions with the Chief Municipal Inspector.
Providing clear, timely advice on conflict of interest obligations under the Local Government Act — including general conflicts, material conflicts and the procedural steps required to manage them defensibly.
Supporting councils through probity-sensitive processes including procurement and provision of expert probity advisor services for tendering, management of confidential information, planning decisions, grants and appointments. Advising on IBAC, Ombudsman Victoria and Local Government Inspectorate investigations, integrity referrals and public interest disclosures.
Advising on meeting procedure, the validity of council resolutions, governance of council committees and advisory bodies, and the legal requirements for closed meetings.
Advising on the governance of council-owned subsidiaries, special committees and shared service arrangements, including director appointments, accountability frameworks and reporting obligations.
Supporting CEOs and executive officers on performance frameworks, accountability structures, delegated authority and the management of governance risk at the leadership level.
Conducting independent governance reviews, policy audits and capability assessments — helping councils identify vulnerabilities and implement practical improvements before issues arise.
Delivering tailored governance training for elected councillors, CEOs and senior officers — covering duties, decision-making, conflicts of interest, meeting procedure and accountability.
Our experienced staff are highly regarded for their ability to successfully mediate outcomes between disputing councillors. Whether it's an informal attempt to resolve differences or a formal mediation under Council's Councillor Dispute Resolution Procedure, we can assist.
How We Work
We know local government from the inside. Our team includes lawyers who have held senior advisory roles with councils and statutory authorities. We have worked directly alongside councillors, CEOs and executive teams. We understand the pressures of decision-making in a public environment — including the role of politics, community expectations and the ever-present risk of public scrutiny.
We give advice that is actually usable. Clear, frank and grounded in the realities councils face. We don't hedge when clarity is what matters. We tell you what is defensible, what carries risk, and what you need to do to protect yourself and your council.
We act early. The best governance advice comes before a problem becomes a crisis. We work with councils proactively — reviewing frameworks, stress-testing delegation structures, and helping leadership identify risks before they crystallise.
We handle the hard stuff. When governance does break down — when conduct complaints arise, when integrity agencies come calling, when a council resolution is challenged — we provide calm, experienced advice and representation across all relevant forums.
Strengthen Your Governance Before It's Tested
Governance issues rarely announce themselves in advance. The councils best placed to manage them are those that have invested in clear frameworks, trained their people and sought advice before the pressure is on.
Get in Touch
Get in Touch!
Local Government
Hunt & Hunt's Local Government practice spans the full breadth of legal issues councils face — from commercial contracts and property to litigation, planning and compulsory acquisition — making us a genuinely full-service partner for the sector.
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Corporate Governance, Risk & Compliance
Strong governance frameworks are built on clear, practical advice. Our Governance, Risk & Compliance service helps organisations design and maintain the policies, processes and controls that keep them accountable, compliant and well-positioned to manage risk.
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Employment Law
Councils are major employers operating under complex and often sector-specific workplace obligations. Our Employment Law team advises on everything from CEO and senior officer contracts to enterprise agreements, staff exits and defending workplace claims.
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FAQs
Unclear or outdated delegation instruments, undocumented decision-making, poorly managed conflicts of interest, and inadequate meeting procedure or observance of Governance Rules are among the most frequent issues we see. Many carry legal, financial and reputational consequences that could have been avoided with the right frameworks in place.
Ideally before an issue arises — during a governance review, ahead of a major procurement, following an election, or when updating key policy frameworks. That said, we regularly assist councils that need advice quickly in response to a complaint, investigation or challenge.
Sometimes. Where a councillor's interests diverge from those of the council — in a conduct matter, for example — separate representation may be appropriate. We advise both councils and individual councillors and can help identify when independent advice is warranted.
Governance failures often give rise to claims — whether for negligence, breach of statutory duty or officer liability. Sound governance reduces exposure and supports insurability. We work closely with councils' insurers and mutuals to ensure governance advice and claims management are aligned.