The Mornington Peninsula Shire Council has approved a motion for Mayor Anthony Marsh to travel to Canberra later this month — with the Mayor taking part in the debate and voting on the motion.
The decision, made at the 12 August 2025 council meeting in Tyabb, allows Cr Marsh to attend a joint advocacy visit with Frankston City Council on 25–26 August. The delegation will meet with federal ministers, opposition members, and local MPs to discuss regional priorities.
Cr Marsh chaired thenmeeting and actively participated in the discussion on the trip’s timing and advocacy aims before the motion was put to the vote. The item was carried unanimously. No declaration of a conflict of interest was recorded, and the Mayor did not step aside from the vote.
What the law says
Under the Local Government Act 2020 (Vic), councillors must disclose and remove themselves from decision-making if they have a material conflict of interest (s128) or a general conflict of interest (s127).
However, section 129 of the Act and regulation 7(2)(a) of the Local Government (Governance and Integrity) Regulations 2020 provide exemptions for certain matters — including payment of allowances to the Mayor and reimbursement of expenses under an adopted policy. If the Canberra trip is fully funded under such a policy, a formal conflict declaration may not be required.
The “pub test”
The Act also applies a “reasonable observer” standard: whether a fair-minded person could perceive that a councillor’s personal interests may influence their public duties. Even if a legal exemption applies, governance experts say perceived conflicts should be managed openly to maintain public confidence.
Earlier planning permit incident
This is not the first time Cr Marsh’s voting has raised questions about conflict of interest management.
On 11 March 2025, he voted against a planning permit application for 21 Skinner Street, Hastings — a property located about 300 metres from a house he owns on Salmon Street, which is currently for sale.
Council records show that for the same development, considered in August 2024, Cr Marsh declared a conflict of interest and withdrew from the debate. His personal circumstances appear to have been unchanged between the two meetings.
In both March 2025 votes, the Mayor sided against the permit in opposition to Shire planners’ recommendations for approval. The refusal has been the subject of proceedings at the Victorian Civil and Administrative Tribunal (VCAT).
Under the Act, a material conflict exists where a decision could reasonably be expected to result in a financial gain or loss for the councillor, while a general conflict exists if a fair-minded person might reasonably perceive an overlap between private interests and public duties.
Seeking comment
STPL News has contacted the Mornington Peninsula Shire office and Chief Executive Officer Mark Stoemer for comment on both matters, including whether governance advice was sought before the votes and whether any exemptions apply.
This is the same guy who lead the charge to cancel climate change, the arts, and other good stuff. also led the charge to vote down a motion for public consultation on non resident paid parking that previous council promised and which was presented by a councillor against non resident paid parking. Bases his decisions on pulse surveys not public consultation. And blocks motions he does not like or that do not fall in line with his world view.