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