Noise & Nuisance Complaints

 

Public Health Complaints

Nuisance Complaints

Under The Public Health and Wellbeing Act 2008, Council has a duty to remedy as far as reasonable possible nuisances existing in its municipal district. This applies to nuisances which are, or are liable to be, dangerous to health or offensive. The Public Health Department deal with nuisances coming from residential properties such as:

  • air quality - dust, smoke, fumes, odour 
  • noise - public address system, music, musical instruments, power/gardening tools, alarms, heating and cooling equipment, motor vehicles, delivery trucks
  • pest control - mosquitoes, vermin/insects

Some of the nuisances listed above may cross over with other Council departments, in which case the matter would be re-directed to the appropriate team.

Nuisances coming from a commercial or industrial premises need to made to Environment Protection Authority (EPA)  - 1300 372 842

Nuisances, such as noise, occurring after hours can be made to your local Police.

Food Act Complaints

The Public Health Department deal with complaints relating to food premises such as:

  • suspected food poisoning
  • contaminated food
  • unhygienic food premises

Other Complaints

The Public Health Department deal with complaints relating to a number of Acts that may be dangerous to your health such as:

  • tobacco control
  • asbestos
  • hazardous waste
  • water quality of public pools/spas

Notifying Council

You may lodge a complaint by:

Phone: 9932 1000

Email: customerservice@hobsonsbay.vic.gov.au

Council website

Snap Send Solve: You can report issues to Council using this free app available from the App Store (iPhone) and Google Play (Android).

Public Health Complaint Procedures

  • For complaints requiring immediate action such as food poisoning or asbestos an Environment Health Officer will be in contact with you.
  • For nuisances, a log form(PDF, 342KB) will be sent to the complainant to ensure the nuisance is a continuing matter that is offensive and dangerous to their health.
  • The complainant will need to keep records for a minimum of seven consecutive days and only record the noise considered to be offensive or dangerous to their health. Simply hearing a noise does not make it a nuisance. Each occurrence must describe how the noise is being distractive, including the date, time, duration, nature and intensity of the nuisance noise.
  • A letter will also be sent to the subject notifying them that a complaint has been made and to take all steps to reduce the impact of their actions. They will not be given the complainants name, address or contact details.
  • Once the log form is received, we investigate the matter with the complainant and the subject. This may require visits from our officers.
  • If formal action is required, we may also ask the complainant to complete a Statutory Declaration(PDF, 107KB) to verify their log sheet(s) and provide further detail of how the noise affects their health.  We reserve the right to use any or all of the information you provide in a Magistrates Court proceedings.
  • If the log form is not received within 21 days, the nuisance complaint will be closed and no longer investigated by Council. An investigation cannot proceed without a complete and accurate log sheet.

 

 

 

Under The Public Health and Wellbeing Act 2008, Council has a duty to remedy as far as reasonable possible nuisances existing in its municipal district. This applies to nuisances which are, or are liable to be, dangerous to health or offensive. The Public Health Department deal with nuisances coming from residential properties such as:

  • air quality - dust, smoke, fumes, odour
  • noise - public address system, music, musical instruments, power/gardening tools, alarms, heating and cooling equipment, motor vehicles, delivery trucks
  • pest control - mosquitoes, vermin/insects, bees. Bees on the nature strip or other Council assets will be investigated by our City Services department
  • asbestos - when asbestos is being disturbed. If asbestos is found on a worksite then the matter needs to be referred to WorkSafe for further investigation
  • hazardous waste - oils, paints, syringes

Other nuisances outside of residential properties include:

  • tobacco control of food premises
  • water quality of public pools/spas

Some of the nuisances listed above may cross over with other Council departments, in which case the matter would be redirected to the appropriate team.

Nuisances coming from a licensed or industrial premises can be referred to the Environment Protection Authority (EPA)  - 1300 372 842.

Unreasonable noise occurring after hours should be referred to your local police who, in some circumstances, can take immediate action.

Report a noise or nuisance

  • when reporting a nuisance a log form(PDF, 344KB) will be sent to you, or click on the link to download. The log form will be assessed by an Environmental Health Officer to determine if the matter may constitute a nuisance
  • you will need to keep records for a minimum of seven consecutive days and only record nuisances considered to be offensive or dangerous to your health. Simply hearing a noise does not make it a nuisance. For each event you must describe how the alleged nuisance is affecting you. If it's only annoying then there may be little that can be done. You must indicate the date, time, duration, nature and intensity of the nuisance
  • a letter will also be sent to the subject notifying them that a complaint has been made and to take all steps necessary to reduce the impact of their actions. They will not be given your name, address or contact details
  • upon receipt of the log form, visits may be required from our officers to verify the matter.
  • if formal action is required, we will request you complete a Statutory Declaration(PDF, 107KB) to verify the log sheet(s) and provide further detail of how the alleged nuisance affects your health. We reserve the right to use any or all of the information you provide in a Magistrates Court proceedings
  • if the log form is not received within 21 days, the nuisance complaint will be closed and no longer investigated by Council. An investigation cannot proceed without a complete and accurate log sheet