The Inspectorate is susceptible to frustrations from the sector and the community around its ability to respond to all complaints quickly and the low level of prosecutions over recent times.
To prosecute a matter, the Inspectorate requires evidence which is sustainable and has a sound chance of success to the substantial financial costs and officer time, as well as ensuring that the outcome will send a positive example to the sector.
Below is a structure chart of the Inspectorate, which demonstrates why we must triage and prioritise complaints carefully and why it may take a bit of time to resolve investigations.
It seems timely to remind the sector that we can only investigate certain types of concerns about councillors, council staff or elections:
We can look into | We can’t look into |
Council matters such as: | Other council matters such as: |
✔ misuse of position by a councillor | ✗ planning and building permits |
✔ conflict of interest by a councillor, senior council employee or person providing advice to council | ✗ council services |
✔ disclosure of confidential information | ✗ performance of council staff, unless related to offences under the Local Government Act 2020 |
✔ council election offences | ✗ council decisions (unless there is a conflict of interest) |
✔ nomination of someone not qualified to be a council election candidate | ✗ council fines |
✔ authorisation of electoral material | ✗ rates charges |
✔ | ✗ councillor code of conduct (such as profanity in meetings) |
| ✗ holding closed meetings |
| Disputes between individuals Private organisations: |
| ✗ building and construction companies |
| ✗ banking, credit, insurance or superannuation |
| ✗ electricity, water or gas |
| ✗ rental agreements |
| Members of Parliament |
| Victoria Police |
| Victorian government bodies |
| Universities and TAFEs |
| Australian government bodies |
| ✗ Centrelink |
| ✗ Australian Taxation Office |
| ✗Services Australia |
| ✗ Australia Post |
| Prisons |
| Decisions made by courts and tribunals |
Updated