Chief Executive, Office of Local Government v Bagnall [2018] NSWCATOD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chief Executive, Office of Local Government v Bagnall [2018] NSWCATOD 84 Hearing dates: Decided on the papers. Final documents received from the parties on 1 February 2018. Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Occupational Division Before: NS Isenberg RFD, Senior Member Decision: 1. Mr Bagnall is reprimanded for misconduct pursuant to s 482A(2) of the Local Government Act 1993 Catchwords: LOCAL GOVERNMENT ACT 1993 - code of conduct - misconduct – investigate and report on misconduct – consideration of penalty – when the Tribunal may dispense with hearing – appropriateness of suspension, reprimand, disqualification. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Local Government Act 1993 (NSW) Cases Cited: Office of Local Government v Councillor Bagnall [2014] NSWCATOD 122 Office of Local Government v Councillor Ticehurst of Lithgow City Council (No 2) [2016] NSWCATOD 162 Office of Local Government v Ticehurst [2016] NSWCATOD 122 Category: Principal judgment Parties: Chief Executive, Office of Local Government (Applicant) Gary Bagnall (Respondent) Representation: Counsel: B Tronson (Applicant)

Solicitors: Office of Local Government (Applicant) Respondent (self-represented) File Number(s): 2016/00378827 Publication restriction: 1. Section 64 of the Civil and Administrative Tribunal Act 2013 (CAT Act ) applies to:(1) those paragraphs of these reasons identified as [NOT FOR PUBLICATION],(2) all documents received in evidence from the Respondent and marked by the Tribunal as Confidential, and(3) all recordings, whether written, electronic or aural, of any part of the proceedings identified by the Tribunal as Confidential. 2. Subject to s 64(3) of the CAT Act or the approval of the Respondent, those paragraphs, documents and recordings are not to be released or published other than to the Respondent, the person for the time being occupying the office of Chief Executive, Office of Local Government and lawyers instructed by the Chief Executive.