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

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

Mr Bagnall breached clause 3.3 of the Code of Conduct by failing to treat Ms Byrne with respect at all times, as established by the agreed facts and admissions. Clauses 3.1(c) and 3.1(e) were not established due to lack of evidence that his conduct occurred while carrying out his official functions. The appropriate penalty, considering apologies, lack of prior suspension, and proportionality, is a reprimand pursuant to s 482A(2) of the Local Government Act 1993.

Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Application for Disciplinary Orders Under Local Government Act 1993 (nsw) / Final Determination by Tribunal (decided on Papers)
Outcome
Mr Bagnall is reprimanded for misconduct pursuant to s 482A(2) of the Local Government Act 1993.
Legal Topics
['code of Conduct' 'misconduct' 'disciplinary Proceedings' 'penalty Determination']
['local Government Law' 'administrative Law'] ['code of Conduct' 'misconduct' 'disciplinary Proceedings' 'penalty Determination']

Case Brief

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Procedural Posture

Application for Disciplinary Orders Under Local Government Act 1993 (nsw) / Final Determination by Tribunal (decided on Papers)

Legal Issues

  1. 1 ["Whether Mr Bagnall engaged in misconduct breaching Tweed Shire Council's Code of Conduct (clause 3.1(c), 3.1(e), 3.3)" 'Whether the Tribunal should impose a penalty and what penalty is appropriate']

Ratio Decidendi

Mr Bagnall breached clause 3.3 of the Code of Conduct by failing to treat Ms Byrne with respect at all times, as established by the agreed facts and admissions. Clauses 3.1(c) and 3.1(e) were not established due to lack of evidence that his conduct occurred while carrying out his official functions. The appropriate penalty, considering apologies, lack of prior suspension, and proportionality, is a reprimand pursuant to s 482A(2) of the Local Government Act 1993.

Court Disposition

Mr Bagnall is reprimanded for misconduct pursuant to s 482A(2) of the Local Government Act 1993.

Orders

  • ['Mr Bagnall is reprimanded for misconduct pursuant to s 482A(2) of the Local Government Act 1993']