Our regulatory approach

We are the regulator for all participants in state electoral processes, including:

• voters
• candidates and elected members
• registered political parties, their office holders, and party members
• anyone who gives or receives political donations
• anyone who campaigns or fundraises for a political party or candidate
• anyone who publishes or distributes electoral material.

We assess and investigate compliance with the Electoral Act and may take action on offences we identify in relation to state electoral processes.

We regulate compliance with the rules for:

• enrolment and voting
• electoral materials
• conduct during election periods
• political funding, donation disclosure and reporting
• political party registration.

Our regulatory role in local government elections is limited to enforcing compulsory voting. The Local Government Inspectorate assesses and investigates other offences under the Local Government Act 2020 (Local Government Act), including electoral offences. We work with the Local Government Inspectorate to assess and escalate complaints, and we assist and support their investigations.

We use a constructive compliance approach to engage and educate electoral participants about their obligations. Providing information is an important first step in making sure participants have the information they need to meet their obligations.

Where education doesn't address non-compliance with the Electoral Act, or when we suspect an offence may have been committed, we may investigate and take action in proportion with the level of harm.

We monitor for potential non-compliance across the range of our regulatory responsibilities. We also receive information about potential non-compliance with the Electoral Act through complaints, internal referrals and other law enforcement and integrity agencies.

We can take a range of civil and administrative actions to address potential non-compliance. Upon receiving information or detecting a potential non-compliance with electoral laws, we may:

• offer information and guidance to electoral participants about their rights and obligations
• assess any potential non-compliance and formally investigate if necessary
• request, or in certain circumstances compel, individuals or entities to produce documents or information and answer questions when necessary
• issue a penalty infringement notice to individuals who fail to vote in an election
• issue a cease and desist notice, warning or caution to prevent the offence from continuing
• take enforcement action. This may include seeking an injunction requiring a person to do, not do or stop doing something, or taking a person to court for an offence against the Electoral Act. Penalties for offences include fines, imprisonment or both.

Other integrity agencies investigate complaints in specific areas. We may refer a matter to another agency if it is not part of our responsibilities:

• Australian Electoral Commission monitors compliance with federal electoral laws and works with federal and local law enforcement agencies.
• Local Government Inspectorate monitors and investigates offences against the Local Government Act, including the electoral laws that apply at local council elections.
• Victorian Ombudsman investigates complaints about councils, Victorian Government departments and organisations.
• Independent Broad-based Anti-Corruption Commission (IBAC) takes complaints about suspected public sector corruption and misconduct, including taking or offering bribes, committing fraud or theft and misusing information.
• Office of the Victorian Information Commissioner investigates complaints about the handling of personal information by Victorian public sector organisations.
• Victoria Police investigates criminal conduct. We may refer a matter to Victoria Police where we believe a crime has been committed.
• Fines Victoria manages the administration and enforcement of infringement fines and court fines across Victoria. We may refer infringement fines to Fines Victoria for them to enforce on our behalf.

We apply the principles of procedural fairness during an investigation and when pursuing enforcement action. We will:

• engage constructively with complainants, witnesses and individuals or entities whose conduct is being investigated to seek information, records and testimony related to the alleged electoral offence
• give individuals or entities an opportunity to explain their conduct and put forward their version of events
• give individuals or entities an opportunity to be heard before making an administrative decision that directly and materially affects them
• inform individuals or entities we are investigating the outcome of our investigation, including when we conclude an investigation without taking enforcement action.

We recommend early and full cooperation with investigations to make sure all relevant facts are known, and the investigation can proceed quickly and efficiently.

Where we pursue a matter in court, we may apply for the recovery of all or part of our costs.