Investigation outcomes
The Local Government Investigations and Compliance Inspectorate (Inspectorate) will investigate complaints that fall within its jurisdiction and determine if a breach of the Local Government Act 1989 (Act) has occurred.
There are a number of possible investigation outcomes.
No breach
The complaint was investigated and the allegation was found to be unsupported.
No breach, recommendation made to council
The complaint was investigated and the allegation was found to be unsupported however, areas of improvement were identified and recommendations made to council. For example, if council improved a particular policy similar complaints may be avoided in the future.
Referred to other agency
The complaint was investigated and found to be outside the jurisdiction of the Inspectorate and therefore referred to another agency. It may be referred back to council for internal resolution or to Victoria Police if the allegation relates to criminal matters.
Breach, insufficient evidence
The complaint was investigated and a breach found however there was insufficient evidence to identify the person responsible for the breach or to support a prosecution.
For example, an allegation of disclosure of confidential information may be made against an individual and the investigation concludes that the information was disclosed (such as by several parties having knowledge of the information, or it being reported in the media) however, there is insufficient evidence to substantiate that the individual who is the subject of the complaint disclosed the information.
Breach, recommendation made to council
The complaint was investigated and a breach identified however, the breach carries no penalty under the Act and is therefore not an offence. Instead of leading to a prosecution, recommendations are made to council to take corrective action.
Prosecution
The complaint was investigated and a breach carrying a penalty was identified leading to a prosecution and court proceedings.
Notification of outcomes
Investigators will inform applicable parties of the investigation outcome including the complainant, the council CEO and interviewed parties.
Investigation outcomes are only made public through court proceedings should they occur. Where there are significant governance failures or serious breaches, a report may be provided to the Minister for Local Government for consideration. The report may also be tabled in Parliament by the Minister.
Individuals may choose to make the outcome of an investigation public.