Coppock v Department of Planning and Environment (No 2) [2021] NSWCATOD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coppock v Department of Planning and Environment (No 2) [2021] NSWCATOD 18 Hearing dates: 18 November 2020 Date of orders: 10 February 2021 Decision date: 10 February 2021 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Decision: The matter is listed for directions at 4.00pm on Tuesday 16 February 2021 by telephone Catchwords: APPEAL – local government councillor – disciplinary action by Chief Executive - telephone call to Council staff – whether misconduct Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Local Government Act 1993 Cases Cited: Coppock v Secretary, Department of Planning and Environment [2020] NSWCATOD 89 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 Texts Cited: Willoughby City Council Code of Conduct Willoughby City Council Councillors' Access to Information and their Interaction with Staff Policy Category: Principal judgment Parties: Stuart Coppock (Applicant) Department of Planning and Environment (Respondent) Representation: Counsel: P Boncardo (Applicant) A H Edwards (Respondent)

Solicitors: Selvaggio Lawyers (Applicant) Office of Local Government (Respondent) File Number(s): 2020/00101252 Publication restriction: None

REASONS FOR DECISION 1. Mr Stuart Coppock, a councillor of Willoughby City Council, has appealed under s 440L of the Local Government Act 1993 (the LG Act) against orders made on 28 February 2020 under s 440I of the LG Act by the Deputy Secretary, Local Government Planning and Policy. 2. In a Statement of Reasons for undertaking disciplinary action against Clr Coppock the Deputy Secretary stated his findings that having considered a departmental report prepared under s 440H of the LG Act, he was satisfied that Clr Coppock had engaged in misconduct within the meaning of s 440F of the LG Act, and that disciplinary action was warranted under s 440I of the LG Act. The Deputy Secretary stated that he had determined that Clr Coppock: 1. Be reprimanded pursuant to s440I(2)(b) of the LG Act; 2. Pursuant to s440I(2)(e) of the LG Act, undertake training with respect to his rights and obligations as a councillor when interacting with Council staff, within 3 months of the date of the decision; and 3. Pursuant to s 440I(2)(h) of the LG Act, suspend Clr Coppock's right to right to be paid any fee or other remuneration to which he would otherwise be entitled as the holder of civic office for a period of 2 months (without suspending him from civic office for that period) commencing on 1 April 2020 and ending on 31 May 2020. 1. A stay of that part of the decision that requires Clr Coppock to undergo training was granted by consent, pending determination of the appeal or until further order of the Tribunal. 2. In an Amended Application filed 17 August 2020 Clr Coppock seeks to have set aside the decision that he engaged in misconduct within the meaning of s 440F of the LG Act, and the disciplinary action taken under s 440I of the LG Act; and an order for costs.