Office of Local Government v Toma [2016] NSWCATOD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Office of Local Government v Toma [2016] NSWCATOD 21 Hearing dates: On the papers Date of orders: 25 February 2016 Decision date: 25 February 2016 Jurisdiction: Occupational Division Before: Dr J Renwick SC, Senior Member Decision: Pursuant to s 482 of the Local Government Act, Zaya Toma, formerly a Councillor of Fairfield City Council, having engaged in improper and unethical behaviour, is disqualified from holding civic office until 25 February 2018. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Local Government Act – misconduct by Councillor who accessed other Councillor's official email accounts without permission – improper and unethical behaviour – sanctions imposed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law 2009 (NSW) Local Government Act 1993 (NSW) Cases Cited: Carmody v Mackellar [1996] FCA 791 Dallas Buyers Club LLC v iiNet Limited (No 3) [2015] FCA 422 Health Care Complaints Commission v Mitchell [2015] NSWCATOD 151 Kelson v Forward (1995) 60 FCR 39 King v Health Care Complaints Commission Lucire v Health Care Complaints Commission Mehajer v Chief Executive of the Office of Local Government [2014] NSWSC 1804 Office of Local Government v Councillor Campbell of Murray Shire Council [2015] NSWCATOD 129 R v Byrnes & Hopwood (1995) 183 CLR 501 Category: Principal judgment Parties: Chief Executive, Office of Local Government (Applicant) Zaya Toma (Respondent) Representation: Counsel: B. Tronson (Applicant)