Hurstville City Council is strongly opposed to unlawful activity at any time, and under any circumstances. Council’s Enforcement Policy provides guidelines for the exercise of enforcement powers and deals primarily with building and development matters.
Council has discretion in deciding whether to take enforcement action on the basis of the available evidence and individual circumstances. At the conclusion of an investigation, Council may:
take no action
counsel an alleged offender
issue a formal letter of warning
issue a Penalty Infringement Notice
commence criminal proceedings
- commence civil proceedings.
If Council decides not to take enforcement action, or you are dissatisfied with the enforcement action taken, you may consider taking civil action.
Enforcement guidelines for councils – good practice enforcement guidelines developed by the NSW Ombudsman to help councils act promptly, consistently and effectively in response to allegations of unlawful activity.
Council's Statutory Discretion - In Ryde City Council v Echt & Anor  NSWCA 108 the NSW Court of Appeal confirmed that "Council has a “responsibility” to enforce the law. However, in this context the word “responsibility” has an allusive sense. It does not support anything in the nature of a legal obligation to act on statutory power which is enforceable at the insistence of a third party." Council has discretion as to what action if any it takes.
Civil Enforcement - in cases of unlawful building and development.