Council told to sort it out

THE Department of Local Government wants Shellharbour Council to urgently review its course of action as concern mounts about the escalating cost of the council’s Land and Environment Court action over the alleged disclosure of confidential council information. General manager Brian Weir has in past weeks pointed to the department’s support, citing it as a justification for the costly escalation of the matter. Mr Weir stated in a letter to the editor of the Lake Times (Page 4, August 30) that “I would point out that the Department of Local Government supports Shellharbour Council in its action in endeavouring to identify the perpetrators”. “No one would support a court action costing $1 million,” the Department’s director general Garry Payne told the Lake Times this week. “Council haven’t said the cost is $1 million, although I am not disputing that amount,” Mr Payne said. “However, there is a point at which you don’t go past, even in personal life.” At which point would you draw the line? the Lake Times asked Mr Payne. “Well before that ($1 million) point,” he said. His department’s initial support was predicated on the fact that “under the Local Government Act it is an offence to disclose information in confidential session, and offenders can be prosecuted”. However, Mr Payne said any such support was based on the premise that such legal action would be “quick, clean and low-cost”. He confirmed that, at the instigation of the Minister for Local Government Paul Lynch, he had written to Shellharbour City Council on or about Monday, November 5, directing the council to “get on and resolve all issues” as a matter of urgency. Mr Payne specifically detailed the issues of concern to the department and the Minister. Mr Payne said they wanted an urgent resolution of the Land and Environment Court legal action, and general council disharmony including behaviour and conduct in the council chambers. “I am waiting for a response from council, “ Mr Payne said. He was responding to a series of questions relating to the council with the office of Local Government Minister Lynch. Mr Payne said he had been unaware that Mayor David Hamilton had stated on the record in an interview with the Lake Times that Cr Hamilton was considering himself calling for the appointment of an administrator because the legal action had rendered the council virtually inoperative, to the point that the council could no longer meet the community’s expectation of proper governance. The Director General said the system generally worked on the basis of informal discussions between councils and his department. However, under Section 430 of the Act he was authorised on his own initiative or at the request of the Minister to appoint a departmental representative to investigate any aspect of a council or of its work and activities. “At the end of that process, the recommendations, which could include a public inquiry, are enforceable,” Mr Payne said. “The only other option, and I can go straight to it, is a Section 740 Public Inquiry approved by the Minister.” This would involve the appointment of one or more commissioners to hold a public inquiry. “This is very much a last throw of the dice,” Mr Payne said. “The test is whether council can continue to provide services and facilities to the general public.” Mr Payne said he was aware that the issue of the legal case and its ramifications were tearing the Shellharbour community apart. Given the media coverage the matter was receiving, community reaction was likely to build, he said. “But in the interests of natural justice and the process of fairness, I have to give council time to respond,” he said.