Office of Local Government v Councillor Martin Ticehurst of Lithgow City Council [2016] NSWCATOD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Office of Local Government v Councillor Martin Ticehurst of Lithgow City Council [2016] NSWCATOD 122 Hearing dates: 16 June 2016 Date of orders: 27 September 2016 Decision date: 27 September 2016 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 – Code of Conduct – Councillor calls Mayor a "bitch" – Councillor intimidates and harasses a member of the public in the vicinity of a Council meeting – Councillor sends offensive emails – Councillor fails to apologise – breach established – penalty to be determined Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Local Government Act 1993 (NSW) Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (NSW) Cases Cited: Briginshaw v Briginshaw (1983) 60 CLR 336 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 NEAT Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 NSW Bar Association v Meakes [2006] NSWCA 340 Office of Local Government v Genevieve Campbell of Murray Shire Council [2015] NSWCATOD 129 Category: Principal judgment Parties: Office of Local Government (Applicant) Councillor Martin Ticehurst of Lithgow City Council (Respondent) Representation: Counsel: B Tronson (Applicant) Martin Ticehurst (Respondent in person) File Number(s): 1520173