VCAT voids Lalor Ward’s 2024 local council election result
Friday 9 May April 2025
For immediate release
Yesterday the Victorian Civil and Administrative Tribunal (VCAT) handed down its decision declaring the 2024 local council election result for Whittlesea City Council’s Lalor Ward to be void. As a result, enrolled voters in Lalor Ward will be required to vote in a by-election.
The declaration was the result of concerns identified by the Victorian Electoral Commission (VEC) about suspected fraudulently completed ballots in Lalor Ward.
VCAT Vice President Judge English stated in her decision, ‘I am satisfied the electors were proven to have been prevented from recording their votes effectively according to their own preference,’ supporting the VEC’s position that ‘there [had] not been the free and fair opportunity of electing the candidate which the majority might prefer’.
Acting Electoral Commissioner Dana Fleming welcomed the decision and acknowledged the significant efforts of staff at the VEC who identified the irregularities and supported VCAT with its inquiry.
As a result of the substantial and wide-ranging safeguards put in place for the 2024 local council elections, VEC staff were able to detect a high number of multiple returns in the Lalor Ward election and ultimately identified 81 suspicious returns. By law, the VEC was required to complete the counting and declare the result of that election.
The final margin between the successful candidate for the single-councillor ward and the runner up candidate was just 39 votes.
‘To those who seek to subvert our electoral processes, there will be consequences to your actions. We will detect your efforts, and we will act,’ Ms Fleming said.
The declaration causes an extraordinary vacancy in Lalor Ward. The effect is that the person previously elected as councillor, Stevan Kozmevski, no longer holds the office of councillor. The VEC does not suggest Mr Kozmevski, or any other candidate, was involved in the fraud.
The VEC will organise a suitable date to conduct a postal by-election for Lalor Ward.
‘We will inform the community about the arrangements for the by-election as soon as they are agreed and work closely with prospective candidates to let them know what they need to do to nominate,’ she added.
‘This has demonstrated that our processes to protect democracy work and uphold electoral integrity. Victorians can be confident that their vote is safe and will not be undermined by those seeking to do wrong.’
In addition to making its application to VCAT, the VEC also referred this matter to the Local Government Inspectorate and Victoria Police. The VEC cannot comment on the investigation.
The VEC’s separate application to VCAT regarding potential fraud in the Knox City Council, Baird Ward election is still to be decided by VCAT.