Chief Municipal Inspector, Local Government v Mohamud
Supreme Court of Victoria
Quigley J
29/11/2021
[2021] VSC 787
Administrative law — Tribunals — Victorian Civil and Administrative Tribunal — Jurisdiction — Local government — Application to stand down Councillor under s 229 Local Government Act 2020 (Vic) — Whether jurisdictional precondition for application — Local Government Act 2020 (Vic), ss 224, 229
Local government — Councillors — Misconduct — Councillor charged with serious offences — Application to Tribunal stand down Councillor — Jurisdiction of Tribunal — Local Government Act 2020 (Vic), ss 171, 224, 229
Statutory interpretation — Local Government Act 2020 (Vic) — Victorian Civil and Administrative Tribunal — Jurisdiction of Tribunal — Whether inconsistency between sections of Local Government Act — Whether to depart from literal meaning — Whether obvious drafting error — Whether applying literal meaning of legislation would lead to absurd or unintended result — Whether clear identification of words omitted or to be added to meet identified legislative intent — Local Government Act 2020 (Vic), ss 224, 229
Human Rights — Charter of Human Rights and Responsibilities — Participation in public affairs — Presumption of innocence — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 18, 25, 32
Read the judgment here.