A completed complaint of minor breach form must be sent to the
complaints officer of the relevant local government authority. The
person complained about must be a current serving elected member of a
local government at the time the complaint is made.
How to complete a complaint of minor breach form
complaint must contain an allegation that a council member has
committed a minor breach (i.e. that they have committed a breach of a
rule of conduct). A breach by a council member of his/her local
government's code of conduct is not a minor breach.
Identify the name of the person making the complaint, as well as the
name of the elected member to have allegedly committed the minor breach
and the local government the elected member belongs to.
You must state the type of complaint to have occurred under the
Local Government (Rules of Conduct) Regulations
Include a narrative statement by the complainant of the issue and
circumstances, written in chronological order (i.e. what was actually
said and done or not done). This is a statement of the alleged facts.
Where possible it should refer to written documents or material where
evidence supports the facts. In this statement, limit comments to
factual information and avoid including opinions or a personal
interpretation of the facts.
Where possible, originals of the written documents and materials
referred to in the statement of alleged facts must be attached to the
complaint form. Otherwise, copies may be attached. If the alleged
conduct occurred at a council meeting when the proceedings were
recorded, this fact should be mentioned. If possible, a copy of the
relevant part of the minutes of the meeting, the recording and a typed
transcript of that recording should be attached to the complaint.
Providing false or misleading information in a complaint is an offence and can result in a fine of up to $5000.
5.123 of the Local Government Act 1995, provides that it is an offence
to disclose any information concerning a complaint of a breach of the
Act (minor breach, serious breach or a recurrent breach of the Act)
until the matter has been determined, unless the disclosure is required
to investigate or deal with the complaint or otherwise permitted by law.
Breaching confidentiality can result in a fine up to $5000.