199Referral to Supreme Court

199 Referral to Supreme Court

(1) If a person fails, without reasonable excuse, to comply with a requirement made by the Chief Municipal Inspector, the Chief Municipal Inspector may certify the failure in writing to the Supreme Court.

(2) The Supreme Court may inquire into the failure and may—

(a) make an order requiring the person to comply with the requirement made by the Chief Municipal Inspector within the period fixed by the Supreme Court; or

(b) instead of, or in addition to, an order under paragraph (a), if the Supreme Court is satisfied that the person failed, without a reasonable excuse, to comply with the requirement of the Chief Municipal Inspector, punish the person as if the person had been guilty of contempt of court.

S. 199AA inserted by No. 23/2024 s. 21.

199AA Chief Municipal Inspector may report to Parliament

(1) The Chief Municipal Inspector may cause to be transmitted to each House of the Parliament a report on the examination or investigation of—

(a) any matter relating to a Council's operations or to Council elections or electoral matters; or

(b) any possible breach of this Act.

(2) If the Chief Municipal Inspector proposes to include in a report under subsection (1) a comment or opinion that is adverse to any person, the Chief Municipal Inspector must—

(a) provide the person with a reasonable opportunity to respond to the adverse comment or opinion; and

(b) fairly set out each element of the response in the report.

(3) The Chief Municipal Inspector must not include in a report under subsection (1) any information that—

(a) would prejudice a criminal proceeding or any other proceeding; or

(b) would prejudice an investigation by the IBAC, the Ombudsman or the Victorian Inspectorate; or

(c) would identify a person who is not the subject of an adverse comment or opinion of the Chief Municipal Inspector, unless the Chief Municipal Inspector considers that it is in the public interest to do so; or

(d) is likely to lead to the identification of a person who has made an assessable disclosure.

(4) If the Chief Municipal Inspector proposes to transmit a report under subsection (1), the Chief Municipal Inspector must ensure that, at least one business day before the report is so transmitted, each of the following persons receives an advance copy of the report—

(a) the Secretary;

(b) the Minister;

(c) any other Minister with responsibilities that relate to the subject matter of the report.

S. 199AAB inserted by No. 23/2024 s. 21.