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.
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Case: Inspectorate v Chris Smith
Local Government Area: Colac Otway Shire council
Venue: Colac Magistrates’ Court
Judgement date: 18 December 2015Summary 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 2015Summary 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 2015Summary 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.
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Case: Inspectorate v Cr Graeme Pittock
Local Government Area: Mornington Peninsula Shire Council
Venue: Frankston Magistrates’ Court
Judgement date: 27 September 2014Summary 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 2014Summary 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.
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Case: Inspectorate v Shane Carson
Local Government Area: Wodonga Rural City Council
Venue: Wodonga Magistrates' Court
Judgement date: 11 January 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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 2013Summary 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.
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Case: Inspectorate v Cr Shirley Cornish
Local Government Area: Moonee Valley City Council
Venue: Broadmeadows Magistrates’ Court
Judgment date: 21 December 2012Summary 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 2012Summary 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 2012Summary 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 2012Summary 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 2012Date 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 2012Summary 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