Prosecutions Report: April 2011

Welcome to the April edition of the prosecutions update. Please click here to view the report.

We take this opportunity to introduce our newest member of the team Elisabeth Brett. Elisabeth has a special interest in government law and advocacy. In 2010, Elisabeth won the award as the Most Outstanding Advocate in the highly regarded Hanover Welfare Services Moot Competition.

Overall, we continue to see a great deal of change affecting our clients. The amendments to the Food Act 1984, the ongoing 'prescribed accommodation' issues and now the change in government all present challenges for councils.

We have also seen the growing debate in the media regarding illegal brothels and unscrupulous rooming house operators. This will inevitably lead to further change to these areas.

New powers relating to fire safety in licensed premises

We have prepared a summary of the new closure and evacuation powers that may be exercised in relation to licensed premises. These powers were introduced into the Liquor Control Reform Act and came into force in March 2011. The powers can be activated to close a licensed premises where there are reasonable grounds to believe that it is a serious fire threat exists. Click here to read about the scope of the new powers and to consider the role of local government in relation to the new powers.

Recent Supreme Court - Building Appeals Board determinations regarding work done without a building permit

Recently the Supreme Court handed down its decision in Anstee & Anor v Eyers & Ors [2011] VSC 79 (11 March 2011). The Court was considering applications for judicial review of 2 decisions of the Building Appeals Board. The case considers a situation where an owner builder built an extension to their home without a building permit. The work did not comply with the siting requirements of the Building Regulations 2006. The relevant building surveyor issued and notice and order requiring demolition of the work. The court determined that the BAB's decision to uphold the building order was sound, however the matter was sent back to the BAB to consider an application for modification of the Regulations. Follow the link to our case note to find out more about the decision.

If you have any queries about any of the matters in the update please click here to contact us.