In 2012, 383 election complaints were received in a ten-week period. Seven investigations resulted in prosecution of individuals for electoral offences such as making a false declaration and being an unqualified candidate.

Outcomes included:

• 56 breaches of the Act resulting in formal warnings or requiring corrective actions such as authorising electoral material
• 81 recommendations for improved practices, processes or transparency
• 22 non- jurisdictional complaints referred to other agencies such as Victoria Police or the relevant council.

Leading in to 2020 elections

While 76 councils will hold elections this October, all elections in 2020 will be conducted by postal vote and 30 council areas are under stage 3 lockdown until at least 19 August, which may decrease the number of complaints related to electioneering.

The Inspectorate expects the 2020 data to reveal a further increase in complaints about social media activities by candidates and sitting councillors. As COVID-19 restrictions have impacted on traditional street campaigning, candidates will increasingly turn to email and social media to advocate for local issues and in some cases, conduct misinformation or ‘attack’ campaigns against rival candidates.

Also, as the new Local Government Act redefines aspects of a councillor’s role, the Inspectorate expects to receive more enquiries or complaints relating to perceived conflicts of interest by candidates or sitting councillors. It is worth noting the new conflict provisions will not come into effect after elections are held on 24 October.

The Inspectorate will continue to work with councils, integrity agencies such as the Independent Broad-based Anti-corruption Commission (IBAC), the Victorian Ombudsman, and the Victorian Electoral Commission (VEC) on targeting potential problem areas through communications and guidance material before and throughout the election period.

The Inspectorate has recently fielded enquiries from councillors and governance staff on our office’s standing to request information to assist in our investigations or examinations. This has provided an opportunity to remind the sector of our legislated powers under the Local Government Act and responsibilities under the Privacy Act to retain confidentiality of private information.

Council staff or councillors who disclosed confidential information to the Inspectorate would not be in breach of section 125 of the Local Government Act 2020.

While section 125 makes it an offence for a councillor to disclose information they know, or should reasonably know, is confidential information, section 125 (3g) provides an exemption in certain circumstances:
(3) A person who is, or has been, a councillor or a member of a special committee or a member of council staff, may disclose information that the person knows is confidential information in the following circumstances—
(g) to the Chief Municipal Inspector to the extent reasonably required by the Chief Municipal Inspector.

By an Instrument of Delegation in accordance with section 197 of the Act, the Chief Municipal Inspector has delegated powers, duties and functions to Inspectors of Municipal Administration (i.e. the majority of the Local Government Inspectorate staff). This includes the power to require a person to disclose information that the person knows is confidential information and to receive confidential information from them.

A recent example of this involved a councillor who was requested by the Inspectorate to provide confidential documents regarding a potential conflict of interest.

The councillor was unsure whether they could provide confidential documents without breaching the Act. This concern was shared by a council staff member.

The Inspectorate was able to clarify the relevant exemption and powers under the Act in order to receive confidential meeting material.

Local Government Victoria recently sent information to all Victorian councils on the updated State of Emergency and mandatory face coverings. While many of these restrictions were initially applicable only to metropolitan Melbourne and Mitchell Shire residents, these were upgraded to include all Victorian residents on 30 July.

From Sunday 2 August at 11.59pm, all Victorian residents were required to wear a face covering when leaving home, unless they have a lawful reason for not doing so. For councils located in those areas, all staff are required to wear a face covering when they are not at home.

Also from that date, residents in the local government areas of Colac-Otway, Greater Geelong, Surf Coast, Moorabool, Golden Plains and the Borough of Queenscliffe will no longer be able to visit people or have visitors at home.

Resources for councils and their communities, including posters and translated materials, can be found on the DHHS website.

LGV can provide advice to councils on non-health related queries on 1300 764 373 or email LGV.Emergencies@delwp.vic.gov.au.