Making a complaint of a minor breach

Minor breaches of the Local Government Act 1995 (the Act) are dealt with by the Local Government Standards Panel (the Panel).

Minor breach complaints against a council member must be lodged through the complaints officer at the relevant local government. The Panel does not accept complaints direct from complainants.

A person can only make a complaint of a minor breach within 6 months after the breach alleged in the complaint has occurred. A complaint cannot be made after that time has elapsed.

The legislation governing minor breaches is the Local Government (Model Code of Conduct) Regulations 2021.

Completing your complaint

Things to remember when completing your form:

• Your complaint must be lodged on a form approved by the Minister (link below).
• This form is to be used for minor breach complaints only.
• A failure to complete the required information may render your complaint non-compliant.
• Your complaint must be lodged with the complaints officer at the relevant local government.
• The Panel does not have the powers to investigate complaints. It can only make decisions based on the information before it, therefore, detailed complaints are essential for the Panel members to make informed decisions.
• A detailed account of the alleged breach is required.
• Any supporting evidence provided should be relevant. Do not send material that does not support your complaint (for example, only provide the relevant pages of the council minutes that support your allegation.).
• Once your complaint has been lodged confidentiality applies. Under section 5.123 of the Act, it is an offence to disclose information that the complaint has been made or any information about any details of the complaint until the matter has been dealt with and an order has been made by the Panel under section 5.110(6) of the Act.
• When your complaint has been received by the Panel you will receive an automated notification.
• If required, you will be contacted by an officer from the department to discuss your complaint.