Deputy Secretary, Local Government, Planning and Policy v Garrard [2021] NSWCATOD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deputy Secretary, Local Government, Planning and Policy v Garrard [2021] NSWCATOD 75 Hearing dates: 16 April 2021 Date of orders: 7 June 2021 Decision date: 07 June 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Decision: (1) Publication of the whole or any part of the report entitled 'Departmental Report under section 440H of the Local Government Act 1993 (NSW) Councillor Paul Garrard Cumberland Council (formerly of Parramatta City Council) October 2020' is prohibited under s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) until further order. (2) Having considered the report dated October 2020 presented to the Tribunal in relation to the matter referred by the Deputy Secretary to the Tribunal concerning Councillor Paul Garrard, the Tribunal determines that it will conduct proceedings into the matter. Catchwords: LOCAL GOVERNMENT — Councillors — referral for an investigation of alleged misconduct under the Local Government Act 1993 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Legal Profession Act 2004 (repealed) Local Government Act 1993 (NSW) Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Kioa v West (1985) 159 CLR 550 Livers v Legal Services Commissioner [2018] NSWCA 319 Plaintiff S10/2011 v Minister for Immigration and Citizenship (Kaur's case) (2012) 86 ALJR 1019 Texts Cited: Matthew Groves, Modern Administrative Law in Australia: Concepts and Context (Cambridge University Press 2014), c 10 at 217 Category: Procedural rulings Parties: Deputy Secretary, Local Government, Planning and Policy (Applicant) Paul Garrard (Respondent) Representation: Counsel: M Cobb-Clark (Applicant)