Sullivan v Okeno [2013] NSWADT 12

Sullivan v Okeno [2013] NSWADT 12

Ms Okeno was not an employee of the Council and did not hold an office or place of profit under the Council. She was engaged by the Southlake Business Chamber & Community Alliance as an independent contractor under an arm's length funding arrangement between the Council and that private organisation. The accountability requirements, Council funding, liaison with Council officers, and presence of one Council officer on a three-member interview panel did not establish day to day Council direction or control or otherwise make her position one under the Council. Accordingly, she was not disqualified under s 275(2) and the application was dismissed.

Jurisdiction
Australia
Judgment Date
21 January 2013
Procedural Posture
Application Under S 329 of the Local Government Act 1993 for an Order Dismissing an Elected Councillor From Civic Office on the Ground of Disqualification Under S 275(2) / Principal Judgment After Hearing
Outcome
The application is dismissed.
Legal Topics
['civic Office Disqualification' 'employee of Council' 'office or Place of Profit Under a Council' 'government Grant Funding Arrangements' 'interpretation of Local Government Act 1993, S 275(2)']
['local Government' 'administrative Law' 'electoral Law'] ['civic Office Disqualification' 'employee of Council' 'office or Place of Profit Under a Council' 'government Grant Funding Arrangements' 'interpretation of Local Government Act 1993, S 275(2)']

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Procedural Posture

Application Under S 329 of the Local Government Act 1993 for an Order Dismissing an Elected Councillor From Civic Office on the Ground of Disqualification Under S 275(2) / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Ms Okeno was disqualified from holding civic office because she was an employee of the Council within s 275(2) of the Local Government Act 1993.' "Whether Ms Okeno's role as Town Centre Coordinator for Morisset was an office of profit or place of profit under the Council within s 275(2) of the Local Government Act 1993." "Whether the Council's funding and involvement in appointment and reporting arrangements gave it sufficient control over Ms Okeno's role to characterise her as holding a position under the Council."]

Ratio Decidendi

Ms Okeno was not an employee of the Council and did not hold an office or place of profit under the Council. She was engaged by the Southlake Business Chamber & Community Alliance as an independent contractor under an arm's length funding arrangement between the Council and that private organisation. The accountability requirements, Council funding, liaison with Council officers, and presence of one Council officer on a three-member interview panel did not establish day to day Council direction or control or otherwise make her position one under the Council. Accordingly, she was not disqualified under s 275(2) and the application was dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']