The investigation process
The Local Government Investigations and Compliance Inspectorate (Inspectorate) investigates matters relating to council operations and breaches of the Local Government Act 1989 (Act) involving a councillor, a senior council officer and any individual subject to the conflict of interest provisions within the Act; or any individual where the matter relates to electoral provisions.
When a complaint is received, the Inspectorate will:
1. Determine if the matter is within its jurisdiction.
Outside of the Inspectorate's jurisdiction: If the complaint is outside the Inspectorate’s jurisdiction, or there is insufficient information to investigate, the complainant will be advised in writing.
Within the Inspectorate's jurisdiction: If the complaint is within the Inspectorate’s jurisdiction and there is sufficient information to investigate, the matter will be allocated to an investigator when resources become available. Due to the volume and complexity of complaints received, specific timeframes cannot be given.2. Once the complaint has been allocated to an investigator, the complainant will be contacted to discuss the matter further and to obtain more information.
3. You may be requested to participate in an investigation if you are the:
- Complainant
- Witness
- Person of interest/accused
In some circumstances interviews may be recorded. If you take part in a recorded interview, you will receive a copy of that recording.
4. After the investigation is complete, the Inspectorate will determine if the complaint is substantiated.
5. Investigators will advise relevant parties of the outcome in writing. You will receive notification of the outcome if you are:
- Complainant
- Council CEO
- Interviewed parties
6. Where there is sufficient evidence to substantiate an alleged breach of the Act and a penalty applies to such a breach, the Inspectorate may undertake a prosecution.
The Inspectorate utilises the Victorian Government Solicitors Office to provide advice on prosecutable matters and, if necessary, to manage the court proceedings.
During the course of the investigation, if criminal or administrative matters are discovered that fall outside of the Inspectorate’s jurisdiction, these matters will be referred to the appropriate agency such as Victoria Police or Ombudsman Victoria.
Due to the volume of complaints received and the often complex nature of investigations, the investigation process can take some time. Each case is different and therefore specific timeframes cannot be given.
The Inspectorate will keep complainants informed of the progress of the investigation.