Office of Local Government v Dwyer [2019] NSWCATOD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Office of Local Government v Dwyer [2019] NSWCATOD 12 Hearing dates: On the papers Date of orders: 10 January 2019 Decision date: 10 January 2019 Jurisdiction: Occupational Division Before: R C Titterton, Principal Member Decision: (1) A hearing be dispensed with pursuant to s 470 of the Local Government Act 1993 (NSW). (2) Grounds One of the application is established. (3) The respondent is reprimanded. Catchwords: TRADES AND OCCUPATIONS – failure to declare pecuniary interest

PRACTICE AND PROCEDURE – dispensing with a hearing pursuant to s 470 of the Local Government Act 1993 (NSW) Legislation Cited: Local Government Act 1993 (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 NSW Bar Association v Meakes [2006] NSWCA 340) Texts Cited: Nil Category: Principal judgment Parties: Chief Executive, Office of Local Government (Applicant) Peter Dwyer (Respondent) Representation: Counsel: B Tronson (Applicant)

Solicitors: Office of Local Government (Applicant) P Dwyer (Self Represented)(Respondent) File Number(s): 2018/00297033 Publication restriction: Nil

REASONS FOR DECISION

Summary 1. These proceedings relate to allegations made against Councillor Peter Dwyer of the Hay Shire Council (the Council). The allegations are particularised in an application filed 9 August 2018. The applicant, the Chief Executive of the Office of Local Government, seeks an order pursuant to s 468(1) of the Local Government Act 1993 (NSW) (LGA) that Clr Dwyer be reprimanded. 2. The applicant's case is that Clr Dwyer failed to comply with his obligations pursuant to ss 451(1) and (2) of the LGA at an ordinary meeting of the Council on 20 December 2016. The applicant alleges that Clr Dwyer breached s 451(1) by failing to disclose to the meeting a pecuniary interest, namely his employment with Purtill's Bros Nominee Pty Ltd t/as K L Purtill Family Trust (Purtills). Clr Dwyer, a long serving councillor, was employed by Purtills as a casual school bus driver. 3. I am satisfied that the allegation is established. The applicant seeks that Clr Dwyer be reprimanded. This is not opposed by Clr Dwyer. 4. For the following reasons, I agree that this is the appropriate disciplinary outcome.