Executive Director, Local Government under delegation from the Secretary, Department of Planning, Industry and Environment concerning Paul Funnell [2023] NSWCATOD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Executive Director, Local Government under delegation from the Secretary, Department of Planning, Industry and Environment concerning Paul Funnell [2023] NSWCATOD 82 Hearing dates: On the papers Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: (1) The respondent is disqualified from holding civic office for a period of two years from these orders. Catchwords: LOCAL GOVERNMENT – misconduct – disqualified from holding civic office – appropriate time for disqualification Legislation Cited: Local Government Act 1993 (NSW), ss 440F(1)(b), 440J(3), 470, 470A, 482A Category: Principal judgment Parties: Executive Director, Local Government under delegation from the Secretary, Department of Planning, Industry and Environment (Applicant) Paul Funnell (Respondent) Representation: Counsel: M Cobb-Clark (Applicant)

Solicitors: Office of Local Government (Applicant) Barron Law (Respondent) File Number(s): 2022/0259417 Publication restriction: Nil

REASONS FOR DECISION 1. On 29 August 2022, the Executive Director, Local Government, under delegation from the Secretary, Department of Planning, Industry and Environment, referred an allegation of alleged misconduct of a former councillor of Wagga Wagga City Council (Council), Paul Funnell, pursuant to s 440J(3) of the Local Government Act 1993 (NSW) (the LGA). 2. On 17 February 2023, the Tribunal determined to conduct proceedings into the matter pursuant to s 470A of the LGA. 3. On 1 June 2023, the Tribunal received correspondence that the parties had settled and signed an agreed statement of facts and joint submission documents. Based on those documents, the parties sought that the Tribunal proceed to determine the application on the papers pursuant to s 470 of the LGA. 4. On 1 June 2023, the Tribunal ordered that the proceedings would be determined on the papers without a hearing.