Taking it further
If your initial communication with the council is not successful in resolving your problem, you may consider making a more formal approach to the council. This may require a different approach, depending on whether the matter relates to an action or decision made by the council administration or whether it is a formal decision of the elected council.
Administrative complaints
Formal complaints about the actions or decisions made by council administration should initially be put in writing and addressed to the Chief Executive Officer (CEO) of the Council. The CEO is appointed by the elected council to employ and manage all staff and to ensure council decisions are implemented.
You can reasonably expect the CEO to give your complaint proper consideration, or direct it to an appropriate person to consider, and you should receive a helpful response.
A response from a CEO may:
- lead to a resolution of your problem
- result in an alternative solution that partly resolves your problem, and/or
- provide an explanation about why the problem cannot be resolved
Formal council decisions
Sometimes a matter relates to a decision of the elected council, rather than an action or decision of the council administration. As council staff are required to implement the decisions of the elected council, it may require a formal council decision to resolve the particular problem.
If you want to find out about a council decision, the minutes of the council should include both the report considered by the council and the precise wording of the council decision. Minutes are available for public inspection at the council office and are usually also published on the council’s internet site.
If you wish to raise a concern with the elected council, you should contact the council administration to find out how you can do this. Depending on the procedures adopted by the council, possible ways to raise a concern with the elected council may include:
- Requesting to speak on the matter at a meeting of the Council or Committee (This may only be possible at the time the matter is being formally considered and will require council approval)
- Raising the matter during public question time at a meeting, subject to the council’s procedures
- Speaking with, or writing to, councilors
In some cases, the process of making formal council decisions involves public consultation. Sometimes this consultation is required by law, such as when a special charge scheme is proposed, and other times it is undertaken voluntarily by the council. Your council’s public contact officers will generally be able to advise you if there is a public consultation process where you can participate.
Complaining to another organisation
There are a number of organisations that can consider complaints relating to a council. These each have specific roles and limitations.
Generally, you should only take your concern to another organisation if you have been unable to resolve your problem with the council itself. If you haven’t tried to resolve your problem with the council first, another organisation you approach will generally ask you to make a formal complaint to the council before it is willing to consider your issue.
See Other organisations for details of organisations that may be able to assist with council complaints.
Legal action
In some cases you may be able to take a matter to a court. However, this is generally a matter of last resort.
Before you do so, however, it is always advisable to get suitable advice, which would generally be from a qualified lawyer. Legal action can be demanding in terms of time and personal emotion. In addition, even if you do not employ a lawyer, if you lose your case the Court can require you to pay the legal costs of other parties who may have employed lawyers.
Some council activities have special provisions for possible court remedies. They include:
- Planning decision that may be appealable through the Victorian Civil Administrative Tribunal (VCAT) (See Planning and Building)
- Decisions to impose special rates or special charges that may be appealable through VCAT (See Special Rates and Charges
- Disputes about the validity of an election may be the subject of an application for a Municipal Electoral Tribunal (See Participating as a Candidate)
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