Merits and procedural review of code of conduct complaints

One of the difficulties in dealing with Code of Conduct complaints against Councillors is the recent reluctance of the NSW Civil and Administrative Tribunal (NCAT) to review the primary findings of the Conduct Reviewer.

The position taken in Chief Executive, Office of Local Government v Cornish [2018] NSWCATOD 110 was one in which the Tribunal declined to look at the Conduct Reviewer’s report (which the Applicant, Clr Cornish, had complained about).

Compare that to the finding in Phillips v Director-General, Department of Premier and Cabinet [2014] NSWCATOD 48 in which the Tribunal did find that the Director General of Local Government (now called the Secretary) must look at the original findings and substance of the supposed breach of the Code.