LIV Governance

The LIV is governed by principles of integrity, transparency and accountability. Our framework of rules, relationships, systems and processes by which authority is exercised and controlled achieves good governance outcomes and is the foundation for the performance and sustainability of the LIV. Good governance is central to everything we do.

Directors are required to comply with the provisions of the LIV ConstitutionCorporations Act 2001 (Cth), Australian Charities and Not-for-Profit Commission Regulation 2013 (Cth) and any other relevant Australian laws.

LIV Council

At all times Council is to comprise the following number of members from these categories in so far as it is practicable:

  • two members of the company being city legal practitioners
  • two members of the company being suburban legal practitioners
  • two members of the company being country legal practitioners
  • one member of the company being a corporate legal practitioner
  • one member of the company being a legal assistance sector practitioner
  • one member of the company being a government lawyer who holds a current local practising certificate
  • one member of the company being a large law firm group principal
  • one member of the company being a new legal practitioner
  • seven other members of the company who fall into any of the above eight categories.

Subject to the Act and Constitution, the Council manages the business of the LIV. The functions and responsibilities of the Council include to:

  • ensure that the LIV has appropriate corporate governance structures in place to maintain compliance with statutory requirements and promotes a culture of corporate and social responsibility
  • provide effective oversight and collaborate with the leadership team in developing, articulating and maintaining the organisation's vision, objectives, strategic plan and policies of the LIV
  • monitor LIV performance and endorse corporate activities as proposed by the Executive and Leadership teams
  • advocate on behalf of the legal profession and the community on legislative changes and reforms.

The LIV's Consititution and Council Charter (PDF) formalise the Board's role, responsibilities, powers and duties (both individually and collectively) in setting the direction, the management and the control of the organisation.

LIV Governance Framework and Delegations 

Council comprises 18 members elected by LIV members.

Council delegates limited authority to an Executive to exercise its powers and discretions to implement Council policies and decisions or deal with matters in intervals between Council meetings. Executive consists of five Council members: President, President Elect, Vice President, Immediate Past President, and Fifth Executive Member. Executive does not, other than in exceptional circumstances, exercise any power or discretion in a manner which is inconsistent with a previous decision or policy of the Council.

The Council delegates limited authority to the Chief Executive Officer for powers necessary for the effective management of the day-to-day business of the LIV. For more information, refer to the LIV's governance framework.

LIV Council Elections

Elections are held annually for the Law Institute of Victoria Council Council. Elections are conducted in accordance with the Constitution and the Corporations Act 2001 (Cth). All Council members who have completed a term of three years following election and any member filling a casual vacancy must vacate their position on Council on 31 December of that year.

Online Voting and Voting Participation

The elections are conducted online (e-elections). The e-elections system was implemented in 2012 and carried out in 2013 through a comprehensive communication and social media campaign. 

A mandatory online voting system came into being in 2014.

Supervision and Administration

All facets of the elections process are supervised by three returning officers elected by the Council prior to the deadline for nominations for Council members and President and Vice President.

A Returning Officer draws the lot that determines the order of candidates on the ballot paper.

Important Points

Electronic Voting Process and Storage

  • Members' identifiable information is separated from their vote prior to the LIV counting preferences. It is not possible to match the member details to the vote.
  • To lodge a vote via the online system, eligible members will need to access the LIV website and enter membership number and password and click enter.  Members' details will be matched against the voting roll and will be granted access to the secure online ballot paper.
  • The member will then cast their vote, using the instructions and submit their vote. The system will then automatically store only the vote information in a database. This method ensures the secrecy of the ballot and the anonymity of the member is retained.
  • Upon pressing submit, the member will receive an acknowledgment email from the LIV. This email will contain a unique receipt number that confirms that the vote was registered in the separate database.
  • Once the member has voted the system will not permit access again to the member.
  • The LIV's role is to:
    • provide a secret electronic ballot to ensure that the processes undertaken are accurate and the results are accurate
    • respect voter privacy
    • provide members with an electronic system which is convenient and easy to use.

Electronic Storage of Votes

  • Election vote only information is stored in the secure database until the deadline for voting closes.
  • At this stage the Returning Officers (authorised personnel) will unlock the vote only data to reveal the results.