Deputy Secretary, Local Government, Planning and Policy v Garrard (No 2) [2021] NSWCATOD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deputy Secretary, Local Government, Planning and Policy v Garrard (No 2) [2021] NSWCATOD 189 Hearing dates: 10 September 2021 and on the papers Date of orders: 22 November 2021 Decision date: 22 November 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President Decision: The Tribunal having found the respondent breached s 440(5) of the Local Government Act 1993 (NSW) and is guilty of misconduct as defined in s 440H of that Act orders that: 1. The applicant file and serve further evidence if any together with written submissions to be relied on for the Stage 2 hearing on or before 10 December 2021. 2. The respondent file and serve any evidence on which he seeks to rely together with written submissions in respect of the Stage 2 proceedings by 14 January 2022. 3. The applicant is as soon as practicable after receipt of these reasons to request the Independent Commission Against Corruption to further vary the order made on 29 June 2021 under s 112 of the Independent Commission Against Corruption Act 1988 (NSW) to permit publication of these reasons. 4. The parties are to provide to the Registrar on or before 17 December 2021 their mutually available dates in January 2022, February 2022 and March 2022 for the Stage 2 hearing. 5. The Registrar will after compliance with order 4 of these orders notify the parties of the date and time fixed for the hearing of the Stage 2 proceedings. Catchwords: LOCAL GOVERNMENT – Councillors – disclosure of interests Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Independent Commission against Corruption Act 1988 (NSW) Local Government Act 1993 (NSW) Parramatta Local Environmental Plan 2011 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Deputy Secretary, Local Government, Planning and Policy v Byrne [2021] NSWCATOD 53 Deputy Secretary, Local Government, Planning and Policy v Garrard [2021] NSWCATOD 75 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; [1992] 67 ALJR 170 Category: Principal judgment Parties: Deputy Secretary, Local Government, Planning and Policy (Applicant) Paul Garrard (Respondent) Representation: Counsel: M Cobb-Clark (Applicant)