Coppock v Department of Planning and Environment (No 2) [2021] NSWCATOD 18

Coppock v Department of Planning and Environment (No 2) [2021] NSWCATOD 18

The Tribunal preferred Mr Fisher's account, supported by his immediate report to Mr Taylor and the file note dated 18 October 2017, and found that Clr Coppock requested Mr Fisher not to take compliance action against Mr Lum in relation to unauthorised building works. The call was not a request for basic information or straightforward administrative advice, but concerned a current enforcement investigation and possible regulatory action. By contacting Mr Fisher otherwise than in accordance with the Access Policy and requesting or suggesting that no penalty or infringement action be taken, Clr Coppock misused his position, attempted to influence a council staff member in the performance of...

Jurisdiction
Australia
Judgment Date
10 February 2021
Procedural Posture
External Appeal Under S 440 L of the Local Government Act 1993 Against Disciplinary Action Taken Against a Local Government Councillor / Principal Judgment Determining Whether Misconduct Was Established; Matter Listed for Further Directions
Outcome
The Tribunal was satisfied that Clr Coppock engaged in misconduct as defined in s 440F of the Local Government Act 1993 and listed the matter for directions.
Legal Topics
['councillor Misconduct' 'code of Conduct for Councillors' 'councillor Interaction With Council Staff' 'disciplinary Action by Departmental Chief Executive' 'external Appeal to Ncat' 'civil Standard of Proof']
['administrative Law' 'local Government' 'occupational Discipline'] ['councillor Misconduct' 'code of Conduct for Councillors' 'councillor Interaction With Council Staff' 'disciplinary Action by Departmental Chief Executive' 'external Appeal to Ncat' 'civil Standard of Proof']

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Procedural Posture

External Appeal Under S 440 L of the Local Government Act 1993 Against Disciplinary Action Taken Against a Local Government Councillor / Principal Judgment Determining Whether Misconduct Was Established; Matter Listed for Further Directions

Legal Issues

  1. 1 ['Whether in the telephone conversation on 18 October 2017 Clr Coppock requested or directed Mr Fisher not to take enforcement action in relation to an inspection at premises in Naremburn.' "Whether Clr Coppock failed to comply with relevant requirements of the Willoughby City Council Code of Conduct or the Councillors' Access to Information and their Interaction with Staff Policy." "Whether Clr Coppock's conduct was misconduct as defined in s 440F of the Local Government Act 1993." 'If misconduct was found, what disciplinary action, if any, was appropriate.']

Ratio Decidendi

The Tribunal preferred Mr Fisher's account, supported by his immediate report to Mr Taylor and the file note dated 18 October 2017, and found that Clr Coppock requested Mr Fisher not to take compliance action against Mr Lum in relation to unauthorised building works. The call was not a request for basic information or straightforward administrative advice, but concerned a current enforcement investigation and possible regulatory action. By contacting Mr Fisher otherwise than in accordance with the Access Policy and requesting or suggesting that no penalty or infringement action be taken, Clr Coppock misused his position, attempted to influence a council staff member in the performance of...

Court Disposition

The Tribunal was satisfied that Clr Coppock engaged in misconduct as defined in s 440F of the Local Government Act 1993 and listed the matter for directions.

Orders

  • ['The matter is listed for directions at 4.00pm on Tuesday 16 February 2021 by telephone.']