Victorian Consolidated Legislation

Local Government Act 1989 - SCHEDULE 4

PROVISIONS RELATING TO MUNICIPAL ELECTORAL TRIBUNALS Section 44

1. Constitution

A Tribunal is to be constituted by a magistrate or acting magistrate appointed
by the Attorney-General.

2. Terms and conditions



(1) Each member of a Tribunal-

   (a)  holds office on the terms and conditions specified in the instrument
        of appointment; and

   (b)  is entitled to be paid remuneration and travelling and other
        allowances as are specified; and

   (c)  is not in respect of the office of member subject to the
        Public Administration Act 2004.





(2) A member of a Tribunal may resign by writing signed by the member and
delivered to the Attorney-General.





(3) The Attorney-General may remove a member of a Tribunal from office.





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(5) The appointment as a member of the Tribunal of a person who, at the time
of his or her appointment, held the office of magistrate under section 7 of
the Magistrates' Court Act 1989 or acting magistrate under section 9 of that
Act ceases at the time the person ceases to hold office as a magistrate or
acting magistrate (unless the appointment has already ceased).

3. Procedure of a Tribunal



(1) A Tribunal-

   (a)  must, in hearing any matter, act according to equity and good
        conscience without regard to technicalities or legal forms; and

   (b)  is bound by the rules of natural justice; and

   (c)  is not required to conduct any proceedings in a formal manner.

(2) All proceedings before a Tribunal must be open to the public.

(3) A Tribunal may adjourn any proceedings to any time and place.

(4) Except as provided in this Act and any regulations, the procedure of a
Tribunal is in its discretion.





4. Evidence



(1) A Tribunal is not bound by rules or practice as to evidence but may inform
itself in relation to any matter in any manner it thinks fit.

(2) Evidence before a Tribunal-

   (a)  may be given orally or in writing or partly orally and partly in
        writing; and

   (b)  may be given on oath or affirmation.

(3) A member of a Tribunal may administer an oath or take an affirmation or
declaration.

(4) Evidence given before a Tribunal must not be used in any civil or criminal
proceedings other than proceedings for an offence against this Act or perjury.

(5) A Tribunal may of its own motion or on the application of any party to the
proceedings before it issues to any person a summons to appear before the
Tribunal to give evidence or to produce any documents specified in the
summons.

5. Appearance before a Tribunal

A party to any proceedings before a Tribunal may be represented before the
Tribunal by any person authorised by that party.

6. Protection of members, legal practitioners, persons and witnesses



(1) A member of a Tribunal has in the performance of duties as a member the
same protection and immunity as a judge of the Supreme Court.

(2) An Australian legal practitioner or other person appearing before a
Tribunal on behalf of a party has the same protection and immunity as an
Australian legal practitioner has in appearing for a party in proceedings in
the Supreme Court.

(3) A person summoned to attend or appearing before a Tribunal as a witness
has the same protection, and is, in addition to the penalties provided by this
Act, subject to the same liabilities, as a witness in proceedings in the
Supreme Court.

(4) In this clause-

Australian legal practitioner has the same meaning as in the
Legal Profession Act 2004.

7. Failure of witnesses to attend

A witness served with a summons to appear as a witness before a Tribunal must
not without reasonable excuse-

   (a)  fail to attend as required by the summons; or

   (b)  fail to appear and report from day to day unless excused or released
        from further attendance by the Tribunal.

Penalty: 10 penalty units or imprisonment for three months.

8. Refusal to be sworn or to answer questions

A person appearing as a witness before a Tribunal must not without reasonable
excuse-

   (a)  refuse or fail to comply with a requirement to take an oath or make an
        affirmation or declaration; or

   (b)  refuse or fail to answer a question that the person is required to
        answer by a member of the Tribunal; or







   (c)  refuse or fail to produce a document that the person was required to
        produce by a summons.

Penalty: 10 penalty units or imprisonment for three months.

9. Contempt of a Tribunal

A person must not-

   (a)  insult a member of a Tribunal in or in relation to the exercise of the
        powers or functions of a member; or

   (b)  repeatedly interrupt the proceedings of a Tribunal; or

   (c)  create a disturbance or take part in creating or continuing a
        disturbance in or near a place where a Tribunal is sitting; or

   (d)  do any other act or thing that would if a Tribunal were a Court of
        record constitute a contempt of that Court.

Penalty: 10 penalty units or imprisonment for three months.

10. Costs

A Tribunal may make any order as to costs as it thinks just.

11. Enforcement of costs order



(1) Costs awarded to a party are a debt due to that party and are recoverable
in the Magistrates' Court.

(2) The party in whose favour an order as to costs is made may enforce the
order by filing a copy of the order in the Magistrates' Court in accordance
with the Magistrates' Court Act 1989 and paying the prescribed filing fee.

(3) A copy of a determination of the Tribunal signed by a member of the
Tribunal is evidence of the order as to costs.

(4) A copy of the order filed under subclause (2) is deemed to be an order of
the Magistrates' Court and may be enforced accordingly.

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