The Office of Local Government v Councillor Pauling [2014] NSWCATAD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Office of Local Government v Councillor Pauling [2014] NSWCATAD 121 Hearing dates: 9 July 2014 Decision date: 26 August 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon W Haylen QC, Deputy President Decision: 1. Councillor Jason Pauling of Lake Macquarie Council is found to be in breach of the pecuniary interest provisions of the Local Government Act 1993. 2. Councillor Jason Pauling of Lake Macquarie Council is found to have breached the requirements of Council's Code of Conduct and thereby his actions constituted misconduct under the Local Government Act 1993. 3. In each matter Councillor Pauling is reprimanded. Catchwords: Local Government Act 1993 s 440F(1),s 451,s 448-allegations of misconduct and failure to disclose a pecuniary interest at Council meetings. Legislation Cited: Local Government Act 1993 Cases Cited: Re: Councillor Graeme Wilton, Wollongong City Council (PIT No 3/1994), 28 September 1995. Director-General, Department of Local Government re: Councillor John Miller, Orange City Council (PIT No 2/1997) 20 November 1997 Director-General, Department of Premier and Cabinet re Councillor Maxwell Walker, MidWestern Regional Council (LGPIDT 09/2010) 28 October 2011. Category: Principal judgment Parties: Office of Local Government (Applicant) Councillor Jason Pauling (Respondent) Representation: P Barley (Applicant) Councillor Pauling (in person Respondent) File Number(s): 1420136, 1420127