Municipal Electoral Tribunal
A tribunal that considers disputes about the validity of local government elections.
Municipal Electoral Tribunals are constituted under the Local Government Act 1989 and can:
- declare that any person declared elected was not duly elected
- declare any candidate duly elected who was not declared elected
- declare an election void
- dismiss or uphold an application in whole or in part
- amend or permit the amendment of an application
- order the inspection of, and permit copying of, documents used regarding an election, subject to such terms and conditions as it considers appropriate
- undertake a preliminary review of an application
- require any further information relating to an application
- impose a financial penalty.
You should seek legal advice before making an application. See the Victorian Electoral Commission website for more information.
Applications must be made within 14 days of the local government election being declared.
A candidate, the returning officer – the person responsible for overseeing elections – or any 10 voters who were entitled to vote may apply.
Applications by candidates or voters must be in writing and contain the following details:
- The name of the council and the ward – if applicable.
- The full names and addresses of the candidate or the 10 voters making the application for the inquiry.
- The home and business telephone numbers of the candidate. In the case of an application by 10 voters, the home and business telephone numbers of a contact person.
- The signatures of the candidate or the 10 voters and the date on which the candidate or the voters signed the application.
- The grounds on which the inquiry into the validity of the elections or by-election is sought.
An application should be sent, together with a fee, to:
Magistrates’ Court of Victoria
233 William Street
GPO Box 882
Melbourne VIC 3001
See the Victorian Electoral Commission website or Local Government Act 1989 for more information.
This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.