Office of the Independent Assessor

Prosecutions for offences under the LG Act

The OIA may prosecute councillors for a number of Local Government Act 2009 (LG Act) offences in the Magistrates Court including:

  • protection from reprisal
  • use of information by councillors for a benefit or detriment
  • offences against section 201D of the LG Act, and
  • a vexatious, frivolous, or other improper complaint.

The LG Act only allows the OIA to prosecute a vexatious ‘complaint’ in the Magistrates Court and not a course of conduct by a ‘complainant’. However, the OIA may also make a vexatious declaration against a complainant. See vexatious complaints.

The OIA begins a 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.

Conduct provisions

  • Conduct provisions are offences created by law in the LG Act and may be prosecuted by the OIA.
  • A breach of a conduct provision can attract a fine of up to 85 penalty units and is heard in the Magistrates Court.
  • All such prosecutions are subject to public interest considerations.
  • The Independent Assessor may decide to alternatively deal with a breach of the conduct provisions by a councillor as misconduct before the CCT, taking the public interest considerations into account.
Examples of a breach of the conduct provisions

Some examples of a breach of the conduct provisions:

  • dishonest conduct of a councillor
  • use of council information for a benefit or detriment
  • prohibited conduct of a councillor in possession of inside information
  • making a complaint vexatiously or not in good faith, or
  • failing to leave a meeting after declaring a prescribed conflict of interest.
Public interest considerations for prosecutions in the Magistrates Court

While investigating a prosecution of a conduct provision, the following public interest considerations are taken into account:

  • the seriousness of the alleged offending
  • are there any mitigating or aggravating circumstances
  • the availability and effectiveness of any alternatives to dealing with the matter as a breach of a conduct provision (i.e. dealing with the misconduct)
  • the councillor’s previous disciplinary history and/or compliance with disciplinary orders
  • is the alleged breach a continuing or subsequent offence
  • how often offences of this kind occur and whether there is a need for deterrence
  • statutory time limits on bringing a prosecution
  • the age and physical or mental health of the councillor
  • the length and expense of any court hearing
  • if the councillor is convicted, what are the possible penalties available
  • whether charging a councillor may result in their immediate suspension, whether this is proportionate given the prospects of success upon prosecution, and the likelihood of a conviction being recorded
  • whether charging a councillor may result in their immediate suspension, whether this is proportionate given the impact on constituents; and proximity to a local government election
  • the need to maintain public confidence in local government.

Last updated: 10 Oct 2025