Nicholson v Office of Local Government [2020] NSWCATOD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nicholson v Office of Local Government [2020] NSWCATOD 162 Hearing dates: On the papers Date of orders: 6 May 2020 Decision date: 06 May 2020 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: (1) The Tribunal declines to extend the time for lodgement of an appeal in regard to the decision of the Deputy Secretary, Local Government, Planning and Policy, Department of Planning, Industry and Environment dated 26 September 2019. (2) The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW – procedure – time limits – appeal lodged out of time – no application for extension of time - principles to be applied – whether reasonable excuse for the delay in making the application. Legislation Cited: Civil and Administrative Tribunal Act 2013 Local Government Act 1993 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Category: Procedural rulings Parties: Jeffrey Nicholson (Applicant) Office of Local Government (Respondent) Representation: Solicitors: Applicant (Self Represented) C Rowe (Respondent) File Number(s): 2019/00343923 Publication restriction: Nil

Reasons for Decision

Introduction 1. The issue before the Tribunal is whether the Tribunal should extend time for the making of an appeal to the Tribunal.

Background 1. The substantive proceedings concern an appeal filed by Jeffrey Nicholson ("the Applicant" or "CIr Nicholson") against a decision of the Deputy Secretary, Local Government, Planning and Policy, Department of Planning, Industry and Environment ("the Respondent"). 2. By Order dated 26 September 2019, the Respondent suspended CIr Nicholson from civic office for a period of three months pursuant to section 440l(2)(g) of the Local Government Act 1993 ("the Act"). The period of suspension commenced on 8 October 2019 and ended on 7 January 2020. 3. Section 440I of the Act provides that: (1) The Departmental Chief Executive may take disciplinary action against a councillor if the Departmental Chief Executive is satisfied that-- (a) the councillor has engaged in misconduct (whether on the basis of a departmental report or a report by the Ombudsman or Independent Commission Against Corruption), and (b) disciplinary action is warranted. (2) The Departmental Chief Executive may take one or more of the following actions (and any such action is disciplinary action)-- (a) counsel the councillor, (b) reprimand the councillor, (c) by order, direct the councillor to cease engaging in the misconduct, (d) by order, direct the councillor to apologise for the misconduct in the manner specified in the order, (e) by order, direct the councillor to undertake training, (f) by order, direct the councillor to participate in mediation, (g) by order, suspend the councillor from civic office for a period not exceeding 3 months, (h) by order, suspend the councillor's right to be paid any fee or other remuneration, to which the councillor would otherwise be entitled as the holder of the civic office, in respect of a period not exceeding 3 months (without suspending the councillor from civic office for that period). … 1. CIr Nicholson indicated that he was advised of the Order on or about 26 September 2019. His appeal was lodged with the Tribunal on 1 November 2019.