Local Government Act 2020

VCAT has the following powers in conducting a review under section 311—

to declare that any person declared elected was not duly elected;

to declare any candidate duly elected who was not declared elected;

to declare an election void;

to dismiss or uphold an application in whole or in part;

to amend or permit the amendment of an application;

to order the inspection of, and permit copying of, documents used in connection with an election, subject to such terms and conditions as it considers appropriate;

to undertake a preliminary review of an application;

to require any further information relating to an application;

to make any declaration in relation to its powers under this section as VCAT considers appropriate in the circumstances.

VCAT cannot order a recount of the whole or any part of the ballot-papers unless VCAT—

is satisfied that a recount is justified; and

has advised the VEC of its intention.

If VCAT has declared an election for a ward to be void, an extraordinary vacancy in each office of Councillor for the ward is caused by the declaration of VCAT on the day which the declaration is made.