DIRTY tricks accusations plague most federal and state election campaigns and council elections are no different but it seems council election wrongdoers can escape without public sanction.
This month’s Kingston Council elections again have candidates on high alert about allegedly misleading and unauthorised flyers being handed out amid claims some candidates have had election material removed from letterboxes in some streets after they were hand delivered.
The News understands complaints will be lodged with the Victorian Electoral Commission but there seems little chance of any substantial or public action being taken against anyone found guilty of election campaign misdeeds.
Previous Kingston council elections held in 2012 saw widespread coverage of complaints about some candidates distributing “dirt sheets” aimed at undermining the election chances of Rosemary West, Steve Staikos and Trevor Shewan.
The trio accused Justin Scott, a Liberal Party member and founder of the noskyrail.com.au site and protest group, of publishing and distributing flyers wrongly accusing the then councillors of “bullying” and the alleged misuse of council funds.
Crs West and Staikos were re-elected but then councillor Mr Shewan, who is standing again this time around, missed out on re-election in the South ward in 2012.
Four years later, on the eve of the 2016 Kingston Council elections, the Local Government Investigations and Compliance Inspectorate refuses to name any individuals found guilty of breaching Local Government Act election rules.
The LGICI said 33 complaints regarding the 2012 Kingston Council elections were lodged including 30 to the VEC.
“The vast majority of complaints received related to misleading and deceptive electoral material,” inspectorate spokeswoman Christine Panayotou said.
“One complaint was received regarding an alleged misuse of position and three complaints received were in relation to matters outside the jurisdiction of the inspectorate.
“Of the 30 investigations undertaken, two resulted in the finding of a prima facie breach of the Act and in both cases a warning was issued.”
The inspectorate refused to name the individuals who received a warning and said complainants and the relevant council CEO are also advised of any breaches of the Act during election campaigns.
Kingston Council CEO John Nevins said council had never been notified of any proven misconduct in the aftermath of the 2012 council elections.
“This is a matter for the Local Government Inspectorate. Kingston Council was not party to the investigation,” Mr Nevins said in a statement.
When contacted Mr Scott said he couldn’t remember how far the investigation into alleged dirt sheets proceeded.
“I don’t know how far that went,” he said. “I think there was a letter to say there was a complaint made but I don’t recall receiving a formal warning or anything like that.
“We sought legal advice and it basically said ‘in an election campaign, all’s fair in love and war’.”
Mr Scott said he returned the candidate donations declaration, that showed no declared donations, later than required but said that was the only matter the inspectorate had raised with him after the 2012 elections.
The paperwork mix-up could account for one of the two prima facie breaches mentioned by the inspectorate.
“I don’t recall that there was a formal warning. That would mean I’d be threatened to be disqualified from the race and I certainly don’t recall receiving anything like that,” Mr Scott said.
It emerged this week that there are fears the inspectorate is underfunded and under-resourced and ill-equipped to investigate any claims of alleged misconduct at councils across Victoria.
The Age noted there have been no prosecutions listed on the inspectorate’s website since 2013.
First published in the Chelsea Mordialloc Mentone News – 19 October 2016
