lgi.vic.gov.au
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Prosecutions are listed by year of completion below. If a prosecution, for any reason, was not completed or resolved by means of diversion, further details are not listed.

  • Case: Inspectorate v Chris Smith

    Local Government Area: Colac Otway Shire council
    Venue: Colac Magistrates’ Court
    Judgement date: 18 December 2015

    Summary of facts

    Mr Smith pleaded not guilty to seven charges of conflict of interest and one charge of failure to submit an ordinary return under section 79 and 80A of the Local Government Act.

    Ruling

    All charges dismissed.

    Case: Inspectorate v Ian Robertson

    Local Government Area: Central Goldfields Shire Council
    Venue: Maryborough Magistrates’ Court
    Judgement date: 12 May 2015

    Summary of facts

    Cr Robertson was charged under section 79 of the Local Government Act for failing to declare a conflict of interest. Cr Robertson was charged with allegedly voting on the 2012/13 Budget when he would have been aware of a potential conflict of interest related to his previous court costs being covered in a budget allocation.

    Ruling

    Cr Robertson pleaded guilty to the charge. Case proven with no conviction recorded and no fine imposed.

    Case: Inspectorate v Marleine Raffoul

    Local Government Area: Moreland City Council
    Venue: Broadmeadows Magistrates’ Court
    Judgement date: 29 January 2015

    Summary of facts

    Ms Raffoul was charged under section 59 of the Local Government Act. Candidate allegedly offered women free mammograms to women on "how to vote card" during the 2012 election.

    Ruling

    Magistrate was not satisfied that, on a point of law, the prosecution did not have a case to answer, although he found the case to be factually correct. Inspectorate ordered to pay costs.

  • Case: Inspectorate v Cr Graeme Pittock

    Local Government Area: Mornington Peninsula Shire Council
    Venue: Frankston Magistrates’ Court
    Judgement date: 27 September 2014

    Summary of facts

    Mr Pittock was charged under section 79 of the Local Government Act for failing to declare a conflict of interest in three council meetings. The charges related to non-declaration of the conflict of interest at Council Meetings in 2012 on 19 March, 12 June and 18 June.

    Ruling

    Cr Pittock was found guilty and ordered to pay $4,000 and prosecution costs. No conviction was recorded.

    Case: Inspectorate v Paul Rumpf

    Local Government Area: Melton City Council
    Venue: Sunshine Magistrates’ Court
    Judgement date: 31 March 2014

    Summary of facts

    Mr Rumpf pleaded not guilty to a charge under section 62 of the Local Government Act for failing to submit a campaign donation return disclosing all donations of $200 or above. Forms must be submitted to the council CEO within 60 days of the election date.

    Ruling

    The Magistrate indicated to Mr Rumpf that the offence is a strict liability offence and found the charge proven. Mr Rumpf was placed on a good behaviour bond for 12 months and was ordered to pay $500 in costs.

  • Case: Inspectorate v Shane Carson

    Local Government Area: Wodonga Rural City Council
    Venue: Wodonga Magistrates' Court
    Judgement date: 11 January 2013

    Summary of facts

    Mr Carson was charged under section 62 of the Local Government Act for failing to submit a campaign donation return disclosing all donations of $200 or above. The charge was proven on the basis that Mr Carson acknowledged that he received two reminder letters (one from the Inspectorate on 25/01/2013 warning of potential prosecution) but took no action to ascertain that his return was received by the CEO of Council.

    Ruling

    Mr Carson was released on an undertaking to provide his return personally to the CEO by 1 February 2014 and ordered to pay costs of $6,302 by 1 December 2014.

    Case: Inspectorate v Grant Smith

    Local Government Area: Bass Coast Shire Council
    Venue: Wonthaggi Magistrates’ Court
    Judgement date: 8 November 2013

    Summary of facts

    Mr Smith was charged under section 62 of the Local Government Act for failing to submit a campaign donation return disclosing all donations of $200 or above. Forms must be submitted to the council CEO within 60 days of the election date. Mr Smith submitted his return dated 1 November 2013 to the prosecutor. The return was posted to Bass Coast Council on 15 November 2013.

    Ruling

    Mr Smith was fined $750 without conviction and ordered to pay costs of $1,000.

    Case: Inspectorate v Mike Tyler

    Local Government Area: Casey City Council
    Venue: Dandenong Magistrates’ Court
    Judgment date: 22 October 2013

    Summary of facts

    Mr Tyler was charged with two breaches of the Local Government Act 1989 for allegedly failing to disclose a conflict of interest to the mayor in writing – as required under section 80B(2) of the Act - and to notify the council of the conflict of interest at the earliest possible ordinary council meeting.

    Ruling

    Mr Tyler received a 12 month good behaviour bond without conviction and was ordered to pay $1,000 to a charity and $9,000 in costs.

    Case: Inspectorate v Perla Padayachee

    Local Government Area: Casey City Council
    Venue: Dandenong Magistrates’ Court
    Judgment date: 27 August 2013

    Summary of facts

    Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

    Ruling

    Without conviction issued a good behaviour bond for 12 months and ordered to pay $1,472 in costs.

    Case: inspectorate v Robert Hughes

    Local Government Area: Maroondah City Council
    Venue: Ringwood Magistrates’ Court
    Judgment date: 15 August 2013

    Summary of facts

    Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

    Ruling

    Convicted, fined $1,000 and ordered to pay $500 in costs.

    Case: Inspectorate v Nicholas Angelowitsch

    Local Government Area: Wyndham City Council
    Venue: Werribee Magistrates’ Court
    Judgment date: 13 August 2013

    Summary of facts

    Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

    Ruling

    Without conviction fined $400 and ordered to pay $1,000 in costs.

    Case: Inspectorate v Lehi Cerna-ortiz

    Local Government Area: Casey City Council
    Venue: Dandenong Magistrates' Court
    Judgment date: 1 August 2013

    Summary of facts

    Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

    Ruling

    Without conviction fined $500 and ordered to pay $1,800 costs.

    Case: Inspectorate v Roona Fazal

    Local Government Area: Casey City Council
    Venue: Dandenong Magistrates’ Court
    Judgment date: 1 August 2013

    Summary of facts

    Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

    Ruling

    Fined $500 without conviction.

    Case: Inspectorate v David Muscat

    Local Government Area: Manningham City Council
    Venue: Ringwood Magistrates’ Court
    Judgment date: 31 July 2013

    Summary of facts

    Candidate allegedly nominated for Council despite having an earlier conviction which makes him ineligible to nominate for Council.

    Ruling

    Guilty of unlawful nomination (being a person who is not qualified to be a candidate or is not capable becoming a Councillor, submitted a nomination form contrary to section 52(1) of the Local Government Act 1989 (Act)).

    Was fined $15,000 and required to pay prosecution costs of $9,900 (he was granted a stay of six months for payment).

    Case: Inspectorate v Lawry Borgelt

    Local Government Area: Moorabool Shire Council
    Venue: Bacchus Marsh Magistrates’ Court
    Judgment date: 19 July 2013

    Summary of facts

    Candidate failed to submit Campaign Donation return within 60 days of the 2012 election.

    Ruling

    Convicted, fined $500 and ordered to pay $500 costs.

    Case: Inspectorate v Mohamed Elrafihi

    Local Government Area: Moreland City Council
    Venue: Heidelberg Magistrates' Court
    Judgment date: 15 July 2013

    Summary of facts

    Candidate failed to submit Campaign Donation Return within 60 days of 2012 election.

    Ruling

    Fined $500 without conviction.

    Case: Inspectorate v Jocelyn Ouaida

    Local Government Area: Moreland City Council
    Venue: Heidelberg Magistrates' Court
    Judgment date: 15 July 2013

    Summary of facts

    Candidate failed to submit Campaign Donation Return within 60 days of 2012 election.

    Ruling

    Without conviction ordered to perform 20 hours of community work within six months and file Campaign Donation Return within 14 days.

    Case: Inspectorate v Jason Evans

    Local Government Area: Port Phillip City Council
    Venue: Melbourne Magistrates’ Court
    Judgment date: 2 July 2013

    Summary of facts

    Candidate failed to submit Campaign Donation Return within 60 days of the 2012 election.

    Ruling

    Fined without conviction $1,000 and ordered to pay $500 costs.

  • Case: Inspectorate v Cr Shirley Cornish

    Local Government Area: Moonee Valley City Council
    Venue: Broadmeadows Magistrates’ Court
    Judgment date: 21 December 2012

    Summary of facts

    Councillor Shirley Cornish pleaded guilty to charge of misuse of position by approving unauthorised payments and contract variations to former CEO, who is now subject to an investigation by Victoria Police.

    Ruling

    Pleaded guilty and received a 12 month Good Behaviour Bond and ordered to pay $8,000 in fines.

    Case: Inspectorate v Cr Paul Giuliano

    Local Government Area: Moonee Valley City Council
    Venue: Broadmeadows Magistrates’ Court
    Judgment date: 21 December 2012

    Summary of facts

    Councillor Paul Giuliano pleaded guilty to charge of misuse of position by approving unauthorised payments and contract variations to former CEO, who is now subject to an investigation by Victoria Police.

    Ruling

    Pleaded guilty and received a 12 month Good Behaviour Bond and ordered to pay $1,000 to the Court Fund and $5,000 in legal costs.

    Case: Inspectorate v Cr Ian Robertson

    Local Government Area: Central Goldfields Shire Council
    Venue: Maryborough Magistrates’ Court
    Judgment date: 22 August 2012

    Summary of facts

    Councillor Ian Robertson was charged with two counts of breaching the conflict of interest provisions of the Local Government Act. The breaches related to his lobbying and support for a significant road upgrade and paving project that effectively serviced his rural property. Both charges were proven and Councillor Robertson found guilty with the Magistrate noting the seriousness of the matters and the intent of the laws to ensure the holders of public office do not seek to advantage themselves in the exercise of their role. Based on evidence of good character and community service, the Magistrate did not record a conviction against Councillor Robertson.

    Ruling

    Councillor Robertson was found guilty of two counts of conflict of interest and placed on a 12 month good behaviour bond. No conviction was recorded and he was ordered to pay a $4,000 donation to Maryborough Hospital and pay the prosecution costs of $20,000.

    Case: Inspectorate v Milvan Muto

    Local Government Area: Greater Shepparton City Council
    Venue: Victorian Civil and Administrative Tribunal (VCAT)
    Judgment date: 21 August 2012

    Summary of facts

    The Inspectorate, through the Secretary of the Department of Planning and Community Development, sought an order from VCAT that Milvan Muto take a mandatory leave of absence (suspension) from the office of councillor.

    This was under the provision that he has been charged with the serious criminal offence of Blackmail by Victoria Police. In separate proceedings at VCAT the Inspectorate has also sought to have a finding of Gross Misconduct made against Mr Muto. The criminal Blackmail charges relate to witnesses in this separate matter.

    Ruling

    Mr Muto is required to take a mandatory leave of absence from the role of councillor until the criminal charge of blackmail is determined, effective immediately.

    Case: Inspectorate v Gerrit Schorel-Hlavka

    Local Government Area: Banyule City Council
    Venue: Heidelberg Magistrates’ Court
    Judgment date: 31 July 2012

    Date of appeal: Yet to be determined

    Summary of facts

    Unsuccessful candidate Schorel-Hlavka was charged under section 62 of the Local Government Act 1989 for failing to submit a campaign donation return form disclosing all donations of $200 or above. Forms must be submitted to the council CEO within 60 days of the election date. Mr Schorel-Hlavka contested the charge and was found guilty with a conviction recorded.

    Ruling

    Found guilty with conviction and fined $400 plus costs. Mr Schorel-Hlavka lodged an appeal against sentence and conviction with an appeal date yet to be determined.

    Case: Inspectorate v Cr Belinda Clarkson

    Local Government Area: Nillumbik Shire Council
    Venue: Heidelberg Magistrates’ Court
    Judgment date: 15 June 2012

    Summary of facts

    Nillumbik Shire Councillor Belinda Clarkson was charged with two counts of breaching the conflict of interest provisions of the Local Government Act 1989 over failing to declare a conflict and leave the meetings where she was the subject of the matter before council. The matter was dealt with by way of a contested hearing at the Magistrates Court where the Magistrate agreed there was a case to answer but, based on a legal interpretation, ultimately found in favour of Councillor Clarkson and the charges were dismissed.

    Ruling

    Finding of not guilty.

Reviewed 11 August 2022

Local Government Inspectorate