AN apparent administrative bungle over the registration of a cooling tower system has set Frankston Council on a courtroom collision course with state health authorities.
The Victorian Department of Health and Human Services (DHHS) has advised council the Public Health and Wellbeing Act has been breached by the failure to register a cooling tower system at Frankston Arts Centre’s Cube 37 building.
The matter was mentioned at Frankston Magistrates’ Court last Thursday (15 March) and council asked for more time to prepare its defence.
Both parties were reluctant to go into detail when approached by The Times last week due to the impending court action.
“The Department of Health and Human Services is prosecuting Frankston City Council for alleged breaches of the cooling tower system provisions of the Public Health and Wellbeing Act 2008,” Victorian DHHS spokesman Bram Alexander said.
“As this matter is currently before the courts, specific comment about the case is not able to be provided.”
“Council is fully cooperating with the Department of Health and Human Services’ investigation and is seeking legal advice in respect of the proceedings,” council CEO Dennis Hovenden said in a statement.
“The cooling tower is presently not in operation and it poses no risk to the public.”
It is understood council could be fined up to about $145,000 if found guilty of breaches of the Act.
Any legal fees cost to ratepayers is not known at this stage.