When a complaint is lodged, the first step is to decide if the complaint can be accepted. Under local government legislation, we are required to acknowledge receipt of your complaint with 14 days from the day it is received.
You will be notified if the complaint is not accepted and advised of the reason why.
Once the outcome of the investigation has been determined, you and the respondent will be notified.
The respondent will be made aware of any process to appeal the decision.
Step 1: Submitting a complaint
Show moreAnyone can make a complaint, including:
- members of the public
- council members
- local government employees.
Receipt of your complaint will be acknowledged within 14 days.
Step 2: Preliminary assessment
Show moreFor breach complaints, the Inspector will also determine what type of breach is alleged – behavioural, conduct, or specified.
During the assessment period, you or others may be requested to provide further information or documentation.
Your complaint might not be accepted if:
- it is frivolous, trivial, vexatious, misconceived or without substance
- there is not enough evidence
- it is submitted outside the allowed timeframe
- a similar complaint has already been made
- the alleged offence has already been dealt with
- you haven’t provided requested information.
If your complaint is not accepted, you will be notified of the decision to decline and of the reason for the decision.
If your complaint is accepted, both you and the person the complaint is about will be notified. For breach complaints, you will be informed of what type of breach is alleged.
In some cases, a monitor may be appointed and the Inspector may delay accepting or dealing with the complaint until the monitor’s report is received.
Step 3: Dealing with a complaint
Show moreBehavioural breach
Behavioural breach complaints are referred to the relevant local government. They may deal with it under their code of conduct.
In some cases, a behavioural breach may be treated as a conduct breach instead. In such instances, the process that follows will apply.
Conduct breach
Conduct breach complaints are referred to an adjudicator. The adjudicator:
- gives the respondent a chance to respond
- may ask you to participate in mediation
- reviews all relevant information before making a decision.
To find a conduct breach, the adjudicator must believe it’s more likely the breach occurred than not.
You can withdraw your complaint before a decision is made, but the adjudicator must agree.
If a conduct breach is found, the adjudicator may order:
- a public censure or apology
- counselling or training
- suspension of allowance payments (up to 3 months)
- suspension from council or committees (up to 3 months)
The adjudicator will notify you, the respondent and the Inspector how the matter is dealt with.
You or the respondent can apply to the State Administrative Tribunal (SAT) for a review of the adjudicator’s decision.
Recurrent breach
A recurrent breach happens when a council member commits a conduct breach after already being found to have committed two or more others.
If we believe your complaint involves a recurrent breach, we may refer it to the State Administrative Tribunal (SAT) to make a finding.
You and the respondent will be notified if an allegation is being referred to the SAT.
If the SAT finds that a recurrent breach occurred, they may treat it as a specified breach and may order any number of the sanctions outlined in the following section.
Specified breach
If your complaint alleges a specified breach, it may be assigned to an investigator for investigation and report.
After reviewing the report, the Inspector may:
- issue an infringement notice
- refer the matter to the SAT
- commence a prosecution
- issue a caution
- take no further action.
The Inspector will notify you and the respondent of any action taken.
If the SAT finds a specified breach occurred, it may order:
- a public censure or apology
- counselling or training
- suspension of allowance payments (up to 6 months)
- suspension from council or committees (up to 6 months)
- disqualification from being a council member (up to 5 years)
- disqualification from being mayor or president (if the office is elected by the council) for the rest of their term
- disqualification from being deputy mayor/deputy president for the rest of their term.
The respondent will be made aware of any process to appeal the decision.
General complaint
General complaints may be referred to the relevant local government if it is more appropriate for them to handle it.
You and the respondent will both be notified if the complaint is referred.
If the complaint is dealt with by the Inspector, it could be:
- assigned to an investigator
- requested that you participate in mediation.
Based on the investigator’s report, the Inspector may:
- issue an infringement notice
- start a prosecution
- issue a caution
- refer the matter to the local government
- take no further action.
A compliance notice could also be issued to the respondent.
Step 4: Publication
Show moreLocal governments
Local governments must publish on their website:
- any breach findings against council members
- any orders made
Local Government Inspector
We publish on our website:
- adjudicator findings and orders for conduct breaches
- SAT findings and orders for recurrent or specified breaches
If a finding or order is under appeal or review, it will be noted and the outcome updated once available.
Print this page
