Breach Complaints
There are three types of breaches under the breach system: behavioural, conduct and specified. Breach complaints are made against council members and can extend to occurring when the council member was a candidate for election.
Behavioural Breaches
Behavioural breaches are those connected to a local government’s adopted code of conduct and are focused on:
- personal integrity and use of social media
- relationships with others
- behaviour at council or committee meetings.
Behavioural breaches are predominantly dealt with by the local government concerned. The Inspector will generally refer a behavioural breach complaint to the relevant local government for consideration and action as required.
In some circumstances the Inspector may refer the complaint to the Principal Adjudicator to deal with as though it were a conduct breach.
Conduct Breaches
Conduct breaches (formerly referred to as minor breaches) contravene the Local Government (Model Code of Conduct) Regulations 2021 and include:
- misuse of a local government resource
- securing personal advantage or disadvantaging others
- prohibition against involvement in administration
- relationships with local government employees
- disclosure of information/interests.
After conducting a preliminary assessment to ensure a complaint is valid, the Inspector refers the complaint and evidence to an adjudication process through the Principal Adjudicator and Deputy Adjudicator(s). The adjudication process has replaced the previous Local Government Standards Panel.
The Inspector must decline to accept a conduct breach complaint if the incident occurred more than 12 months before the complaint is received.
The Inspector must publish on their website any finding or order made by an adjudicator regarding a conduct breach.
If the Inspector considers a conduct breach to be a recurrent breach, they can refer the matter to the State Administrative Tribunal.
Minor breach complaints that were received prior to 1 January 2026 will continue to be dealt with by the Standards Panel. Further information on minor breaches and the Standards Panel can be found on the Department of Local Government, Industry Regulation and Safety website.
Specified Breaches
Specified breaches (formerly known as serious breaches) are specified offences listed in Schedule 8A.1 in the Local Government Act 1995 (the Act) or prescribed in the Local Government (Local Government Inspector) Regulations 2025.
Specified offences include:
- failure to vote at a meeting
- failure to disclose an electoral gift
- improper use of information
- disclosure of information about a complaint
- provision of false or misleading information about a complaint
- hindering or obstructing the Inspector, a monitor or an investigator.
If the Inspector determines a complaint concerns a potential specified breach, it can be allocated to an inspectorate investigator. After receiving a report on the investigation, the Inspector has a range of options available depending on the relevant section of the Act including:
- commencing a prosecution
- issuing a caution or infringement notice
- referring the matter to the State Administrative Tribunal
- declining to take any action.
The Inspector must publish on their website any finding or order made regarding a specified breach.
Submit a Breach Complaint through our Making a Complaint page.
General Complaints
General complaints are a new category dealt with by the Inspector.
They relate to breaches or non-compliance that are not related to a behavioural, conduct or specified breach.
General complaints can be made against:
- council members
- committee members
- employees
- candidates for election as a council member
- local governments
- people or organisations with a financial or other association.
They must relate to matters that occurred within five years of the complaint being made.
The Inspector can refer a general complaint to the relevant local government or another public officer or body if it is more appropriate for them to deal with the complaint.
Submit a General Complaint through our Making a Complaint page.
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