Hindi v Chief Executive, Office of Local Government [2016] NSWCATOD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hindi v Chief Executive, Office of Local Government [2016] NSWCATOD 134 Hearing dates: 3 August 2016 and further written submissions received on 12 and 18 August 2016. Date of orders: 08 November 2016 Decision date: 08 November 2016 Jurisdiction: Occupational Division Before: P Durack SC, Senior Member Decision: (1) The appeal is allowed. (2) The decision of the Acting Chief Executive, Office of Local Government dated 3 May 2016 is set aside. Catchwords: APPEAL – misconduct under the Local Government Act 1993 - decision to reprimand and suspend Mayor for misconduct – appeal de novo - case of dishonesty abandoned - alleged contraventions of code of conduct in handling of sexual harassment allegation – construction of code provisions concerning reporting and disclosure of allegations – alleged contravention of s 439 of the Local Government Act 1993 by negligence. Legislation Cited: Local Government Act 1993 (NSW) Local Government Regulation (General) Regulation 2005 Public Interest Disclosures Act 1994 (NSW). Cases Cited: Australian Education Union v Department of Education and Children's Services [2012] HCA 3 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Phillips v Director General Department of Premier and Cabinet [2014] NSWCATOD 48 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Tovir Investments Pty Ltd v Waverley Council [2014] NSWCA 379 Category: Principal judgment Parties: Constantine Hindi (Appellant) Chief Executive, Office of Local Government (Respondent) Representation: Counsel: V McWilliam (Appellant) B Tronson (Respondent)