Chief Executive of the Office of Local Government v Bagnall (No.1) [2017] NSWCATOD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chief Executive of the Office of Local Government v Bagnall (No.1) [2017] NSWCATOD 106 Hearing dates: Determined on the papers Date of orders: 05 July 2017 Decision date: 05 July 2017 Jurisdiction: Occupational Division Before: J.S. Currie, Senior Member Decision: The Tribunal has jurisdiction to hear the substantive matter, being a referral by the Chief Executive of the Office of Local Government under s 440J (2)(b) of the Local Government Act 1993. Catchwords: Local Government; disciplinary action against councillor; referral of matter to the Tribunal under s 440J (2) (b) of the Local Government Act. Preliminary issue as to whether Tribunal lacks jurisdiction to consider the matter on a proper construction of the Council's Procedures for Administration of the Model Code of Conduct and the Local Government Act . Enforceability of the Procedures and whether binding on the Chief Executive. Double jeopardy. Determination that Tribunal has jurisdiction to hear the matter referred, on proper construction of the Procedures and the Act; and that the double jeopardy principle was not applicable. Legislation Cited: Local Government Act 1993 Crimes (Sentencing Procedure) Act 1999 Civil and Administrative Tribunal Act 2013 Cases Cited: NSW Bar Association v Meakes [2006] NSWSCA 340 at [114]. Evans v Campbell [1999] TASSC 115 Texts Cited: PG Osborne: "A Concise Law Dictionary" Category: Principal judgment Parties: Chief Executive, Office of Local Government (Applicant)

Gary Bagnall (Respondent) Representation: Counsel: B. Tronson, A. Edwards (Applicant)