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Investigations

We investigate matters relating to Victorian councils where there may be a breach of or offence under the Local Government Act.

What we can investigate

What we can and can’t investigate is set out by law.

We can look intoWe can't look into

Council matters such as:

  • Misuse of position by a councillor - that is, a person who is, or has been a Councillor:
    • making improper use of information acquired as a result of the position held or holds; or
    • disclosing information that is confidential information; or
    • directing or improperly influencing, or seeking to direct or improperly influence, a member of Council staff; or
    • exercising or performing, or purporting to exercise or perform, a power, duty or function that the person is not authorised to exercise or perform; or
    • using public funds or resources in a matter that is improper or unauthorised; or
    • participating in a decision on a matter in which the person has a conflict of interest
      (Part 6, Division 1, sec 123, Local Government Act 2020.)
  • Conflict of interest by a councillor, senior council employee or person providing advice to council - that is, if an impartial, fair-minded person would consider that the person's private interests could result in that person acting in a manner that is contrary to their public duty (ss 127-131)
  • Disclosure of confidential information - that is, a person who is, or has been, a Councillor or a member of Council staff must not intentionally or recklessly disclose information that the person knows, or should reasonably know, is confidential information (for further information, please see ss 125)
  • Council election offences - all election offences including nomination of someone not qualified to be a council election candidate (refer to ss 286-305) and authorisation of materials.

✗ planning

✗ council services

✗ council decisions (unless there is a conflict of interest)

✗ code of conduct issues

✗ performance of council staff, unless related to offences under the act

✗ council fines

✗ council rates

✗ noise complaints

If we can’t investigate other agencies may be able to help you.

Who we can investigate

We can investigate:

  • councillors
  • senior council officer
  • a person subject to conflict of interest provisions
  • any person in relation to electoral provisions.

Making a complaint

When we receive a complaint, we will acknowledge it within ten (10) business days and assess to see if it can be investigated. An assessment is not an investigation.

We can only investigate complaints we are allowed to by law. Sometimes, another agency can deal with the complaint and we will refer it to them. Sometimes we cannot refer the complaint to another agency and will recommend you go to that agency directly.

Find out more about how to make a complaint.

How long does an investigation take

Due to the volume of complaints we receive and the complex nature of our investigations, the process can take some time to complete.

Each case is different and we are not able to say how long the investigation will take.

Where possible, we’ll keep you informed of the progress of the investigation.

Own motion investigations

We can also start an investigation without a formal investigation. This is called an ‘own motion’ investigation.

This might happen if we find issues during our governance examinations or if we hear of possible problems at a council.

Investigation outcomes

Our investigation may result in a range of different actions, including issuing a warning, prosecution or recommending changes to actions or processes, depending on the outcome. While most of these matters are resolved confidentially, we may issue a media release or write a report if it is in the public interest.

Some of the reports about our investigations include:

Read reports on our investigations.

Updated

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