Prosecutable breaches
Not all breaches of the Local Government Act 1989 (Act) carry penalties. Breaches without penalties do not constitute an offence and therefore are not prosecutable breaches.
If a section of the Act stipulates a penalty, then breaching this section is an offence and may result in prosecution.
Failing to fulfil requirements under sections of the Act where there is no penalty is still a breach of the Act but is not a prosecutable offence.
The Inspectorate still investigates alleged breaches of the Act that carry no penalties.
The result may be recommendations being made to council to address the matter or, where serious governance failures exist, it may be referred to the Minister for Local Government.