Executive Director, Local Government under delegation from the Secretary, Department of Planning and Industry v Robinson [2023] NSWCATOD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Executive Director, Local Government under delegation from the Secretary, Department of Planning and Industry v Robinson [2023] NSWCATOD 42 Hearing dates: 14 March 2023 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: 1. Each of the eight complaints are established. 2. Costs are reserved. 3. In the first instance, these reasons are to be published only to the parties and not on NSW Caselaw. This is for the purpose of allowing the parties the opportunity to have any part of the reasons redacted pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW). 4. Any submissions about redaction are to be filed by either party within 14 days. 5. The other party may reply withing a further 7 days. 6. The matter will be set down for a Stage 2 hearing on 1 June 2023 at 10.00am, with a current estimated length of hearing being half a day. 7. The applicant is to file and serve any evidence and submissions for the Stage 2 hearing on or before 9 April 2023. 8. The respondent is to file and serve any evidence and submissions in response on or before 10 May 2023. 9. The applicant may reply to any evidence and submissions filed by the respondent on or before 17 May 2023. 10. Each party has liberty to apply. Catchwords: TRADES AND OCCUPATIONS – misconduct by Councillor - referring to the Mayor as "fatso" and making other disparaging remarks concerning her appearance - repeatedly interrupting a meeting of Council - making disparaging remarks to councillors about their appearances - making disparaging and discriminatory remarks to a councillor because of his homosexuality - making disparaging and discriminatory remarks about a homosexual councillor to journalists - engaging in unwanted conduct to the Mayor during the taking of photographs Legislation Cited: Local Government Act 1993 (NSW) – ss 440F, 440H, 440J, 440N, 470A, 482A Local Government Regulations 2005 (NSW) – s 182 Cases Cited: Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134 Phillips v Director General, Department of Premier and Cabinet [2014] NSWCATOD 48 Re referral by Executive Director, Local Government under s 440J and 440N of the Local Government Act 1993, concerning Mr Robinson, a former Councillor [2022] NSWCATOD 167 Texts Cited: None Cited Category: Principal judgment Parties: Applicant: Executive Director, Local Government under delegation from the Secretary, Department of Planning and Industry