Office of Local Government v Shelley [2018] NSWCATOD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Office of Local Government v Shelley [2018] NSWCATOD 103 Hearing dates: 14 May 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Occupational Division Before: R C Titterton, Principal Member Decision: 1. Grounds One and Two of the application are established.

2. The respondent is reprimanded. Catchwords: TRADES AND OCCUPATIONS – misconduct by Councillor who made allegations of corruption and conflicts of interest at Council meeting – where allegations republished on a Facebook page administered by councillor – reprimand imposed Legislation Cited: Local Government Act 1993 (NSW) Local Government (General) Regulation 2005 (NSW) Cases Cited: Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Mehajer v Chief Executive of the Office of Local Government [2014] NSWSC 1804 NSW Bar Association v Meakes [2006] NSWCA 340 Office of Local Government v Neville [2018] NSWCATOD 31 Phillips v Director General, Department of Premier and Cabinet [2014] NSWCATOD 48 Category: Principal judgment Parties: Acting Chief Executive, Office of Local Government (Applicant) Peter Shelley (Respondent) Representation: Applicant:

Counsel: Ms B Tronson

Solicitors: Office of Local Government

Respondent: self-represented File Number(s): 2017/00340776

REASONS FOR DECISION

Summary 1. These proceedings relate to allegations made against Councillor Peter Shelley of the Mid-Western Regional Council (the Council). The allegations are particularised in an application filed 22 February 2018. The applicant, the Acting Chief Executive, Office of Local Government, seeks an order pursuant to s 482A(2)(c) of the Local Government Act 1993 (NSW) (the Act) that Clr Shelley be suspended from civil office or, in the alternative, that his right to payment be suspended, or that he be reprimanded. 2. The applicant's case is that Clr Shelley's conduct breached the Council's Code of Conduct (the Code), and so breached s 440(5) of the Act, in committing misconduct within the meaning of s 440F(1)(b). 3. For the following reasons: 1. I have found both grounds of the application established; 2. I have decided to reprimand the respondent.