Deputy Secretary, Local Government, under delegation from the Secretary, Department of Planning, Housing and Infrastructure v Saravinovski [2025] NSWCATOD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deputy Secretary, Local Government, under delegation from the Secretary, Department of Planning, Housing and Infrastructure v Saravinovski [2025] NSWCATOD 10 Hearing dates: 4 November 2024 Date of orders: 13 February 2025 Decision date: 13 February 2025 Jurisdiction: Occupational Division Before: Seiden SC DCJ, Deputy President Decision: (1) The respondent is guilty of misconduct as defined by s 440F(1)(b) of the Local Government Act 1993. (2) The respondent is reprimanded pursuant to s 482A(2)(b) of the Local Government Act 1993. (3) Subject to paragraph 46, no order as to costs. (4) Pursuant to s 64(1)(d) of the NCAT Act, disclosure of the matters referred to in the Departmental Report is restricted to the parties, save with respect to the matters disclosed and published in these written reasons for decision. (5) To the extent necessary, the non-disclosure and non-publication orders made by the Tribunal on 24 October 2024, are varied to accommodate order 4 herein. Catchwords: LOCAL GOVERNMENT — Councillors — alleged misconduct of a Councillor under the Local Government Act 1993 — failure to declare non-pecuniary interest — breach of applicable Codes of Conduct — appropriateness of reprimand Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Local Government Act 1993 (NSW) Cases Cited: Briginshaw v Briginshaw (1983) 60 CLR 336 Deputy Secretary of the Department of Local Government, Planning and Policy v Doueihi (No 2) [2022] NSWCATOD 3 Deputy Secretary, Local Government Planning and Policy v Byrne (No 2) [2021] NSWCATOD 112 Deputy Secretary, Local Government, Planning and Policy v Garrard (No 3) [2022] NSWCATOD 35 Executive Director, Local Government under delegation from the Secretary, Department of Planning, Industry and Environment concerning Paul Funnell [2023] NSWCATOD 82 Executive Director, Local Government under delegation from the Secretary, Department of Planning and Industry v Robinson (No 2) [2023] NSWCATOD 81 Executive Director, Local Government, under delegation from the Secretary, Department of Planning, Industry and Environment v Hindi (No 2) [2024] NSWCATOD 144 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66 Office of Local Government v Neville [2018] NSWCATOD 31 Texts Cited: None cited Category: Principal judgment Parties: Deputy Secretary, Local Government under delegation from the Secretary, Department of Planning, Housing and Infrastructure (Applicant) Bill Saravinovski (Respondent) Representation: Counsel: M Cobb-Clark (Applicant) F Corsaro SC (Respondent)