Executive Director, Local Government under delegation from the Secretary, Department of Planning and Industry v Robinson (No 2) [2023] NSWCATOD 81

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 (No 2) [2023] NSWCATOD 81 Hearing dates: 14 March 2023 Date of orders: 13 June 2023 Decision date: 13 June 2023 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: 1. Pursuant to s 482A(2)(c1) the respondent is disqualified from holding civic office for a period of two years from the date of this order. 2. The applicant is to file and serve any costs submissions within 14 days of the publication of these reasons. 3. The respondent may respond within a further 14 days. 4. The applicant may reply within a further seven days. 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 – protective orders where complaints proven Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60 Local Government Act 1992 (NSW), ss 8A, 440F, 482A Cases Cited: Acting Chief Executive, Office of Local Government v Passas (No 2) [2017] NSWCATOD 12 Executive Director, Local Government under delegation from the Secretary, Department of Planning and Industry v Robinson [2023] NSWCATOD 42 Gayed v Walton [1997] NSWCA 121 Lee v Health Care Complaints Commission [2012] NSWCA 80 Office of Local Government v Neville [2018] NSWCATOD 31 NSW Bar Association v Meakes [2006] NSWCA 340: Deputy Secretary of the Department of Local Government, Planning and Policy v Doueihi (No 2) [2022] NSWCATOD 3 Texts Cited: Nil Cited Category: Principal judgment Parties: Applicant: Executive Director, Local Government under delegation from the Secretary, Department of Planning and Industry Respondent: Allan Robinson Representation: Counsel: M Cobb-Clark, Applicant