Victorian Repealed Acts

This legislation has been repealed.

Health Act 1958 - SECT 45

Failure of council to investigate complaint

45. Failure of council to investigate complaint





(1) If the council does not within a reasonable time of being notified of an
alleged nuisance investigate the subject-matter of the notification, the
person who notified the council may make a complaint to the Magistrates' Court
of the existence of the alleged nuisance.

(2) The Magistrates' Court may summon the person alleged to be causing the
nuisance before it and the court may proceed as if the complaint had been made
by a council.

(3) If the court is satisfied that the person making a complaint under this
section had reasonable grounds for doing so, the court may order the council
to pay any costs and expenses incurred by that person.

(3A) The court must not order a council to pay any costs or expenses under
subsection (3) unless it first gives the council or its representative an
opportunity to be heard.





(4) If the court is satisfied that a complaint under this section is vexatious
or frivolous, it may order the person making the complaint to pay the costs
and expenses incurred by the person who has answered the complaint.