Victoria's opposition leader will refer Premier Daniel Andrews to the state's public prosecutions services to answer questions about its "red-shirts" election campaign rort, if he becomes premier.
Matthew Guy told Sky News on Tuesday night that if elected as the next Victorian premier in November, he would "absolutely" refer the issue to the Director of Public Prosecutions after Labor misused $388,000 to staff its 2014 election campaign.
"There is no doubt about it that there is an element of this that constitutes fraud.There is monies that have not been declared to the Electoral Commission by the Labor Party," he said.
"Labor's repaid that money, well you only repay it if you've done it and that money still has not been declared to the Electoral Commission."
It comes after 21 Victorian Labor MPs - including 11 still serving - breached parliamentary guidelines in the rort at the last election.
State Ombudsman Deborah Glass released a report last month into her in investigation citing: "A well-organised campaign by the ALP to recruit and deploy full-time field organisers in the run-up to the 2014 Victorian state election, of which 21 were employed part-time as electorate officers and paid some $388,000 out of parliamentary funds."
She said in a statement the MPs who took part and signed time sheets believed it was legitimate and were adding to the approved pooling arrangements in place.
The party has since repaid the money despite spending about $1 million to try to stop the investigation.