Election Challenges and Parking Refunds: Key Local Government Updates Across Victoria

Victorian councils have recently featured in several significant legal and administrative developments, ranging from a mass refund scheme for parking fines to disputed local election results. These cases underscore the ongoing importance of governance transparency, statutory compliance, and electoral integrity within local government operations.

Merri-bek City Council '€“ Parking Fine Refund Scheme

Merri-bek City Council is initiating a large-scale refund scheme for certain parking fines issued between 1 July 2013 and 11 June 2015. The scheme arises from the discovery that fines for 11 minor parking offences were incorrectly issued at a higher penalty rate'€”0.5 penalty units'€”without the required Council resolution authorising that amount, as required under the' Road Safety Act 1986. In the absence of such a resolution, the applicable penalty should have been 0.2 units.

The error, stemming from an administrative oversight dating back to the 2012'€“2013 financial year, has impacted an estimated 248,000 fines. The overcharge per infringement ranges between $45 and $59 depending on the year, with total refunds potentially reaching $10'€“12 million.

Council's response is to establish an opt-in refund process, set to launch in early July 2025. Eligible recipients will be able to apply for a refund within a 12-month window, needing only proof of vehicle registration'€”original tickets will not be required. This move positions Merri-bek as proactively addressing legacy compliance issues and follows broader scrutiny of municipal parking enforcement. Notably, other councils including Glen Eira, Port Phillip, and Monash have also been directed in recent years to return improperly issued fines following findings by the Victorian Ombudsman.

Whittlesea City Council '€“ VCAT Voids Lalor Ward Election Result

In Whittlesea City Council's Lalor Ward, the November 2024 election result has been declared void following a successful application by the Victorian Electoral Commission (VEC) to the Victorian Civil and Administrative Tribunal (VCAT). Vice President Judge English handed down the decision on 8 May 2025.

Three candidates contested the seat, with Stevan Kozmevski ultimately declared the winner by a narrow 39-vote margin following a recount. However, the VEC identified 81 suspicious ballot returns submitted through a replacement vote process, where some electors appeared to have submitted more than one declaration envelope.

While Kozmevski's representative conceded that vote tampering had occurred, they argued the outcome would not have changed had only genuine ballots been counted. The VEC disagreed and sought to void the election, citing uncertainty over the distribution of preferences.

VCAT accepted the VEC's position and nullified the election result. As a result, Kozmevski no longer holds office, and a by-election will be held in August 2025. Nominations close at noon on 24 June. Mr Kozmevski and other previous candidates may recontest the seat.

Knox City Council '€“ Election Interference Did Not Affect Result

A similar challenge occurred in Knox City Council's Baird Ward, where the VEC again brought an application before VCAT alleging fraudulent voting in the 2024 election. Five candidates contested the seat, with Peter Lockwood eventually elected following the distribution of preferences.

The VEC identified 39 suspicious declaration envelopes, allegedly stolen and fraudulently completed, and submitted that election interference had occurred. VCAT accepted that fraudulent activity took place and found that one of the unsuccessful candidates, Mr Church, had received 29 illegitimate votes. However, this did not alter the overall election outcome: Mr Church would still have been excluded second, and the margin between other remaining candidates remained materially unaffected.

As such, VCAT ruled that despite the confirmed irregularities, the election outcome was not compromised and Mr Lockwood remains the duly elected Councillor.

Latrobe City Council '€“ VCAT Affirms Morgan's Narrow Win

In Latrobe City Council's Yallourn Ward, a tight contest between long-serving Councillor Graeme Middlemiss and challenger Steph Morgan led to conflicting outcomes between the initial count and a recount. On the first count, Middlemiss led by three votes. However, following a recount initiated under VEC policy for close margins, Morgan was declared the winner by four votes.

Middlemiss sought a third count, which the VEC declined. A group of electors then applied to VCAT under section 311(b) of the' Local Government Act 2020, arguing that a third "deciding count" should be conducted to resolve the inconsistency. VCAT considered whether the applicants were entitled to vote specifically in Yallourn Ward'€”an important al threshold'€”and found they were.

Nonetheless, Deputy President Proctor dismissed the challenge, accepting the VEC's submissions that a single recount was sufficient and that closeness of result alone did not render the election invalid. Importantly, the Tribunal also noted the financial burden on councils in funding recounts and the risks of setting a precedent that would enable perpetual challenges.

Morgan's election as Councillor for Yallourn Ward has therefore been affirmed.

Conclusion

These matters highlight a complex intersection of administrative oversight, procedural rigour, and legal accountability within local government. From mass refunds prompted by technical non-compliance to election results overturned or upheld following forensic scrutiny of vote integrity, Victorian councils are increasingly operating under a lens of heightened transparency and public expectation. For residents, ratepayers, and legal practitioners alike, the message is clear: good governance requires both the letter and spirit of the law to be closely observed.

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