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Criminal prosecution (vexatious)

The OIA can prosecute a number of Local Government Act (LG Act) offences in the Magistrates Court including:

  • Vexatious, frivolous, or other improper complaints
  • Protection from reprisal
  • Use of information by councillors
  • Offences against section 201D of the LG Act

The LG Act only allows the OIA to criminally prosecute a vexatious ‘complaint’ and not a course of conduct by a ‘complainant’.

The OIA begins a criminal prosecution by issuing a complaint and summons for the defendant to appear in the Magistrates Court. It is then subject to the Magistrates Court process.

Last updated: 02 Feb 2022