2011 Cases
2010 Cases
2009 Cases
Criminal Justice Diversions
2011 Cases
Case
|
Inspectorate v Cr Lisa Price |
Local Government Area
|
Latrobe City Council |
Venue
|
Latrobe Magistrates' Court |
Judgment date
|
13 May 2011 |
Date of appeal
|
24 October 2011 |
Brief summary of facts
|
Latrobe City Councillor Lisa Price was found guilty on two counts of failing to declare interest under section 79 of the Local Government Act 1989 (Act) and one count under section 80A. Cr Price was convicted and disqualified from acting as a councillor for seven years and fined $9000 plus costs. Cr Price appealed the decision.
At appeal, Cr Price pleaded guilty to two counts of failing to declare an interest under section 79 of the Act. The charge under section 80A was dropped. The sentence was reduced to a 12 month good behaviour bond. No conviction was recorded and Cr Price was allowed to continue to act as a councillor. |
Ruling
|
Pleaded guilty to two counts and put on a 12 month good behaviour bond. No conviction was recorded. |
Case
|
Inspectorate v John Rickard
|
Local Government Area
|
Casey City Council
|
Venue
|
Dandenong Magistrates’ Court
|
Judgment date
|
30 September 2011
|
Brief summary of facts
|
Unsuccessful Casey City Council 2008 election candidate John Rickard pleaded guilty to breaching 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 within 60 days of the election date to the council CEO. Mr Rickard acknowledged the breach and an attempt was made to address the matter through the Criminal Justice Diversion Program however, failure to meet requirements resulted in court proceedings. Mr Rickard pleaded guilty, was ordered to complete and submit the form and pay $1200 in fines and costs.
|
Ruling
|
Pleaded guilty. Ordered to submit completed form and pay $1200 in fines and costs without conviction.
|
Case
|
Inspectorate v Tran Siu
|
Local Government Area
|
Brimbank City Council
|
Venue
|
Sunshine Magistrates’ Court
|
Judgment date
|
5 September 2011
|
Brief summary of facts
|
On 5 September 2011 former Brimbank councillor Tran Siu pleaded guilty in Sunshine Magistrates’ Court to printing and distributing an unregistered how-to-vote card and providing false or misleading information to the Local Government Investigations and Compliance Inspectorate. The offences were breaches of section 56 and 223C of the Local Government Act 1989 respectively. Mr Siu had initially pleaded not guilty but, in the face of compelling evidence, changed his plea to guilty.
|
Ruling
|
Pleaded guilty and convicted of both charges. Disqualified from acting as a councillor for seven years and ordered to pay $11,500 in fines and costs.
|
2010 cases
Case
|
Inspectorate v Cr Tas Athanasopoulos
|
Local Government Area
|
Stonnington City Council
|
Venue
|
Victorian Supreme Court
|
Judgment date
|
8 December 2010
|
Brief summary of facts
|
It was alleged that Cr Athanasopoulos was ineligible to stand for re-election in 2008 because he did not hold a valid entitlement to be enrolled as a voter in the City of Stonnington as at 3 October 2008 (the entitlement date). The Local Government Investigations and Compliance Inspectorate attempted to invoke section 67 of the Local Government Act 1989 to oust Cr Athanasopoulos from office.
|
Ruling
|
Justice Hargrave found in favour of Cr Athanasopoulos who was permitted to continue as a councillor.
|
Case
|
Inspectorate v Zachary Giblett
|
Local Government Area
|
Melton Shire Council
|
Venue
|
Melton Magistrates' Court
|
Judgment date
|
7 December 2010 |
Brief summary of facts
|
Unsuccessful Melton Shire Council 2008 election candidate Zachary Giblett pleaded guilty to breaching 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 within 60 days of the election date to the council CEO. The matter was proven and dealt with via the Criminal Justice Diversion Program.
|
Ruling
|
Matter proven without conviction. Ordered to pay $100 to court fund and required to complete and submit their campaign donation return form to council.
|
Case
|
Inspectorate v Cr Susan Nichols
|
Local Government Area
|
Mildura Rural City Council |
Venue
|
Mildura Magistrates' Court
|
Judgment date
|
10 June 2010
|
Brief summary of facts
|
Mildura Rural City Council Deputy Mayor, Councillor Susan Nichols, pleaded guilty to breaching section 81(7)a of the Local Government Act 1989 for failing to disclose on return documents her position as councillor for Wentworth Shire Council in NSW. No conviction was recorded.
|
Ruling
|
Pleaded guilty and placed on a 6 month good behaviour bond without conviction.
|
Case
|
Inspectorate v Cr Mark Eckel
|
Local Government Area
|
Mildura Rural City Council
|
Venue
|
Mildura Magistrates’ Court
|
Judgment date
|
6 May 2010
|
Brief summary of facts
|
Mildura Rural City Councillor Mark Eckel pleaded guilty to breaching section 81(7)a of the Local Government Act 1989 for failing to disclose that he was Vice President of Sunraysia Community Radio Association on return documents. Cr Eckel also worked as a paid radio announcer for the Association. No conviction was recorded.
|
Ruling
|
Pleaded guilty. Ordered to pay $3000 in fines and costs and placed on a 6 month good behaviour bond without conviction.
|
Case
|
Inspectorate v Cr David Saunderson
|
Local Government Area
|
City of Greater Geelong Council
|
Venue
|
Geelong Magistrates’ Court
|
Judgment date
|
21 January 2010
|
Brief summary of facts
|
City of Greater Geelong Councillor David Saunderson was found guilty and convicted of failing to declare a conflict of interest under section 79 of the Local Government Act 1989. Cr Saunderson voted on a matter involving supermarket developer Lascorp which had donated to his 2004 election campaign. He did not declare the interest. In 2007 Cr Saunderson was found guilty and convicted of failing to declare a donation from Lascorp in his campaign donation return.
|
Ruling
|
Found guilty and convicted. Disqualified from acting as a councillor for seven years and ordered to pay $18,000 in fines and costs.
|
2009 cases
Case
|
Inspectorate v Cr Cameron Granger
|
Local Government Area
|
City of Greater Geelong Council
|
Venue
|
Geelong Magistrates’ Court
|
Judgment date
|
12 August 2009
|
Brief summary of facts
|
City of Greater Geelong Councillor Cameron Granger was found guilty of failing to declare a conflict of interest under section 79 of the Local Government Act 1989. Cr Granger voted in favour of a planning application from a developer who had donated to his 2008 election campaign. He did not declare the interest.
|
Ruling
|
Guilty without conviction and ordered to pay $4000 in fines and costs.
|
Criminal Justice Diversions
Case
|
Inspectorate v Unsuccessful candidate |
Local Government Area
|
Whittlesea Shire Council |
Venue
|
Heidelberg Magistrates’ Court |
Diversion date
|
Diversion entered into on 18 July 2011 |
Brief summary of facts
|
An unsuccessful Whittlesea Shire Council 2008 election candidate admitted guilt for failing to submit a campaign donation return form disclosing all donations of $200 or above, a breach of section 62 of the Local Government Act 1989. Forms must be submitted within 60 days of the election date to the council CEO. The matter was proven and dealt with via the Criminal Justice Diversion Program.
|
Ruling
|
Matter proven without conviction. Ordered to pay $250 to court fund, required to complete and submit their campaign donation return form to council and a written apology to the Local Government Investigations and Compliance Inspectorate. |
Case
|
Inspectorate v Unsuccessful candidate
|
Local Government Area
|
Maroondah City Council
|
Venue
|
Ringwood Magistrates’ Court
|
Diversion date
|
Diversion entered into on 17 June 2011
|
Brief summary of facts
|
An unsuccessful Maroondah City Council 2008 election candidate admitted guilt for failing to submit a campaign donation return form disclosing all donations of $200 or above, a breach of section 62 of the Local Government Act 1989. Forms must be submitted within 60 days of the election date to the council CEO. The matter was proven and dealt with via the Criminal Justice Diversion Program.
|
Ruling
|
Matter proven without conviction. Ordered to pay $100 to court fund, required to complete and submit their campaign donation return form to council and a written apology to the Local Government Investigations and Compliance Inspectorate.
|
Case
|
Inspectorate v Councillor
|
Local Government Area
|
Greater Shepparton City Council
|
Venue
|
Shepparton Magistrates’ Court
|
Diversion date
|
Diversion entered into on 15 April 2011
|
Brief summary of facts
|
A City of Greater Shepparton councillor admitted guilt to failing to declare a conflict of interest under section 79 of the Local Government Act 1989. The councillor then voted on the endorsement of a new member of the council’s audit committee at the July 2010 ordinary council meeting however, the member is listed on campaign donation returns as a donor to the councillor's election campaign fund. The councillor acknowledged the conflict of interest and the matter was resolved through the Criminal Justice Diversion Program without conviction.
|
Ruling
|
Matter proven without conviction. The councillor was fined $500 payable to the Shepparton Hospital oncology ward.
|
Case
|
Inspectorate v Unsuccessful candidate
|
Local Government Area
|
Latrobe City Council
|
Venue
|
Latrobe Magistrates' Court
|
Diversion date
|
Diversion entered into on 1 March 2011
|
Brief summary of facts
|
An unsuccessful Latrobe City Council 2008 election candidate admitted guilt for failing to submit a campaign donation return form disclosing all donations of $200 or above, a breach of section 62 of the Local Government Act 1989. Forms must be submitted within 60 days of the election date to the council CEO. The matter was proven and dealt with via the Criminal Justice Diversion Program. |
Ruling
|
Matter proven without conviction. Ordered to pay $250 to court fund, required to complete and submit their campaign donation return form to council and a written apology to Latrobe City Council.
|
