Victorian Consolidated Legislation

Local Government Act 1989 - SECT 67

Ouster from office

67. Ouster from office



(1) The Minister, a Council of which a particular Councillor is a member or
any person who is on the voters' roll of that Council may apply to the Supreme
Court for the ouster from the office of Councillor of any person whom he, she
or it believes is declared elected or holds the office contrary to this Act.

(2) If an application relates to the election of a Councillor the application
must be made during the term for which that person was elected.

(3) The Supreme Court may make rules with respect to-

   (a)  the procedure for making applications; and

   (b)  proceedings for hearing the application; and

   (c)  the payment of a deposit as security for costs; and

   (d)  ordering an inquiry into any matter raised by the proceedings; and

   (e)  orders as to costs.