Purpose and Intent
This Policy informs:
- how a member of the public can submit a complaint against a Councillor
- where a Councillor is the subject of a complaint against Council, how it is to be investigated
- roles and responsibilities
- how information is stored
- how information is used to analyse where improvements can be made Implementation will be guided by relevant legislation.
This Policy does not apply in the case of complaints which must legally be addressed in some other manner such as:
- a Protected Disclosure in relation to Councillors under the Protected Disclosure Act 2012; or
- the Councillor Code of Conduct; or
- the Councillor Code of Conduct provisions under the Act.
This policy should be read in conjunction with:
- Councillor Code of Conduct
- Sections 141, 142 and 143 of the Act
There are several integrity bodies in Victoria that can investigate complaints about local councils.
|Which Integrity Body to submit a complaint
|Independent Broad-based Anti-Corruption Commission (IBAC)
|Investigates complaints relating to corruption and misconduct in public bodies, including councils.
|Local Government Investigations and Compliance Inspectorate
|Investigates concerns related to council operations, including electoral and conflict of interest provisions.
|Investigates complaints about actions, decisions or conduct of public bodies, including councils.
In many instances, these agencies encourage a complainant to first try to resolve the matter with Council. Casey Council’s Complaint Handling Framework details our commitment to providing a fair and consistent process for customers making a complaint to Council.
Complaints can be made using Council’s Complaints Handling Procedure.
Complaints Against Councillors
Councillors work hard to achieve the best outcomes for the municipality. Occasionally their conduct may cause concern for some members of the community. This policy has been put in place to ensure a consistent and fair approach in dealing with complaints against Councillors.
How to make a complaint
Complaints can be made to Council in person or via:
Mail Att: Manager Governance PO Box 1000 Narre Warren, Victoria 3805 2.
Phone (03) 9705 5200
Email [email protected]
Council’s website: https://www.casey.vic.gov.au/make-complaint
Complaints from members of the public about Councillors
When Council receives a complaint, the Chair of Councillors will be advised.
In accordance with section 18(1)(e) of the Act the Chair of Councillors will have the opportunity to promote behaviour among Councillors that meets the standards of conduct.
When the complaint cannot be resolved:
- by the Chair of Councillors managing the complaint in collaboration with the Councillors, or
- where the complaint is against the Chair of Councillors, or
- where the Chair of Councillors is the subject of a complaint against Council,
the Chief Executive Officer shall engage an appropriately qualified independent external investigator to investigate the complaint.
Councillors and Council officers will cooperate fully with the investigator and have the right to the presence of support person of their choosing during any discussions with the investigator.
The external investigator shall forward a report on the outcomes of the investigation, including any recommendations, to the Chief Executive Officer. Sections 141 – 146 of the Local Government Act 2020 establishes the internal arbitration process.
Council shall form a Committee of all Councillors, excluding the Councillor or Councillors who are the subject of the complaint, to consider the independent external investigator’s report.
Privacy and confidentiality
When gathering information to respond to a complaint, we will only:
- use it to deal with the complaint or to address issues arising from the complaint.
- disclose it in a de-identified format when sharing data with the public.
- share it with council staff on a need-to-know basis.
- share it with integrity bodies as required.
All complaints are recorded in a secure site in the Council’s document handling system. Executive Office staff will ensure complaints are registered with necessary security levels. Council analyses complaint data to provide annual reports to Council on how complaints can be reduced. Council records the following information for each complaint:
- the complainant’s details
- how the complaint was received
- a description of the complaint
- the complainant’s desired outcome (if known)
- the person responsible for handling the complaint
- any action taken, including contact with the complainant, response times and the outcome
- any recommendations for improvement, and who is responsible for implementing them.
Any queries regarding the recording of complaints should be directed to Manager Governance.
|Officer receiving complaint
Where the complaint is about an Councillor will:
|Manager Corporate Governance
|Chief Executive Officer
|Councillors shall form a Committee of all Councillors, excluding the Councillors or Councillors who are the subject of the complaint, to consider the independent external investigator’s report.
|Chair of Councillors
Maintain and promote this policy.
Maintain the complaints register