VIC Do Council Inspectors Have the Right of Entry?

[Mike Love]

Hi,

Just a theoretical question:

Do council Inspectors have the right of entry to a residential property to "investigate a complaint" under property law?

This question came up in our council on their FB page, as they recently banned all outdoor fires. But I was wondering for any reason, such as a neighbour complaining about cats, etc.

The council has told me that under their "Local government Act 1981", their officers have the right to enter a property at their discretion, to investigate a complaint.

I thought that only the Police could do that - not council workers?

Would love any thoughts or legal case studies in Victoria.

Thanks!

 

[Rod]

Council workers can enter private property to investigate certain matters. It can't be just any complaint they investigate, it has to be laid down by law. There are various laws giving them, and some others like the RSPCA, rights to enter onto your land. Sorry I don't have a list of the various laws that give this right.

One law that comes to mind is about animals: Domestic (Feral and Nuisance) Animals Act 1994. Think there's also some powers under the building's act. And court orders can be sought for a wider list of activities.