Office of Local Government v Councillor Campbell of Murray Shire Council [2015] NSWCATOD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Office of Local Government v Councillor Campbell of Murray Shire Council [2015] NSWCATOD 129 Hearing dates: 3 September 2015 Decision date: 13 November 2015 Jurisdiction: Occupational Division Before: Dr J Renwick SC, Senior Member Decision: Breach of the Local Government Act established, proceedings to now consider issue of penalty, procedural directions made. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Local Government Act – Local Government Councillor – Discipline – Pecuniary interest in matter – Participated in debate and voted – Breach established – Penalty to be determined Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Local Government Act 1993 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 680 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66 NSW Bar Association v Meakes [2008] NSWCA 340 Category: Principal judgment Parties: Office of Local Government (Applicant) Genevieve Campbell (Canfield) (Respondent) Representation: Counsel: B Tronson (Applicant)

Solicitor: C Rowe (Applicant) P Hill (Respondent) File Number(s): 1520029

Reasons for decision

Introduction 1. The Local Government Act 1993 (the Act) imposes obligations upon elected Councillors which are designed to avoid conflicts between their personal interests and their public duties. On occasion, the Act requires Councillors with a pecuniary interest in a matter coming before a Council meeting to disclose that interest and neither to be present at that part of the meeting considering the matter, nor to vote on the matter. 2. The issue here is whether Councillor Campbell of Murray Shire Council was so required by the Act in relation to the Council's consideration on 10 December 2013 of a matter affecting her capacity to develop land she owned. (She made no disclosure, was present and voted). 3. For the reasons which follow, the Tribunal concludes that the Applicant, the Office of Local Government, has proved that Councillor Campbell has contravened the Act. The issue for the Tribunal to consider at a future hearing is what penalty is appropriate for that proved contravention. Directions as to the hearing of issues concerning penalty are set out below.