0204—Local Government—MINUTES OF MEETING OF BURWOOD COUNCIL

Ms Hale to the Minister for Justice, Minister for Juvenile Justice, Minister for Emergency Services, Minister for Lands, and Minister for Rural Affairs representing the Minister for Local Government—

1. Do the Minutes of a meeting of Burwood Council held on 23 May 2006 state: "Councillor Faker declared a Conflict of Interest in Item 51⁄06 Draft Local Environmental Plan, Draft Development Control Plan, and Draft Section 94 Plan for Burwood Town Centre as he believes a previous partner of his father has adjoining property in the area concerned."?
1. Does this disclosure satisfy the requirements of the section 451(1) of the Local Government Act, which requires a councillor to disclose the nature of a pecuniary interest, and paragraph 6.6 of the Model Code of Conduct, which states that councillors "must disclose an interest promptly, fully and in writing" (section 6.6)?
2. If not, why not?
3. Was the first occasion on which Mayor Faker disclosed a "conflict of interest" despite the Draft Local Environmental Plan (LEP), Draft Development Control Plan, and Draft Section 94 Plan for Burwood Town Centre being discussed at earlier council meetings?
4. Is it appropriate conduct for a Councillor who has a pecuniary interest in a matter such as a draft LEP to attend meetings with council officers and other parties when that LEP is being discussed and formulated?
5. Did a council meeting, which was adjourned from 5 September for want of a quorum, get scheduled for 11 September 2006 but again lapsed for want of a quorum?
1. Did Councillors Sanders (chair), West, Wong, and Weiley attend the meeting on 5 September?
2. When discussion of item 90⁄06 (Update on the Burwood Town Centre LEP) was underway, did Councillor Weiley leave the meeting?
3. As a result, was the meeting left without a quorum and end after 30 minutes had elapsed?
4. Did Councillor West remain at the meeting until it concluded and is now adamant that no decision was made by any councillor or the General Manager at the meeting to adjourn the meeting till 6.00 pm, Monday 11 September 2006, at the council chambers?
7. Do the Minutes of the meeting held on 5 September state that "When all attempts to obtain a quorum failed, the General Manager in conjunction with the Chairperson adjourned the meeting at 7.40 pm, until Monday 11 September 6.00 pm at the Council Chambers"?
8. Will the Minister obtain audio tapes of the meeting to confirm the accuracy of the Minutes?
1. If not, why not?
2. If the Minutes are shown to be false, what disciplinary action will the Minister take against the General Manager or whomever is responsible for the compilation of the minutes?
9. Do the first set of Minutes of an Extraordinary Meeting of Burwood Council on 11 September 2006, which were provided to Councillors on 21 September 2006, indicate that the Mayor, Councillor Faker, was present at the meeting but that the Minutes record in relation to Declarations of Interest that "There were no declarations of interests by Councillors"?
10. Do a second set of the Minutes of the meeting, held on 11 September 2006 and distributed to councillors on 26 September, state in relation to Declarations of Interest that "a declaration of interest was made by Councillor Faker, the Mayor for item 90⁄06 as his father has had business relationships in property which is owned in joint names, the joint partner also owns property which is affected by this LEP"?
1. Was a further meeting scheduled for 25 September but the decision to hold this meeting on that date was not complied with?
2. Does this comply with the Local Government Act and Regulations?
1. Was there an email to Burwood Councillors from the Council's Senior Manager Governance, Michelle McIlvenny, which reads: "Afternoon Councillors, Earlier today I advised of an Extraordinary meeting of Council on Monday 25 September 2006. While at the meeting on Monday night the time and date for the adjourned meeting was given as Monday 25 September there were also provisions to have it on another date pending advice from the Minister and after discussions with the Deputy Mayor."
   "It would make more sense to have the adjourned meeting following the ordinary meeting on 26 September."
   "Please see attached document that outlines the dates for the next meetings of Burwood Council."?
2. Is the Minister for Local Government the Minister referred to in this email?
1. If so, has the Minister contravened the provisions of the Local Government Act in relation to altering the date of the council meeting?
2. If not, does the Minister know to which Minister the email refers?
13. Has the Minister considered Recommendation 4 of the Independent Commission Against Corruption (ICAC) Report into the conduct of two Burwood councillors?
1. If not, why not?
2. If so, will the Minister implement Recommendation 4?
3. If so, when?
1. Will the failure of Councillor Faker and Councillor Weiley to declare the loan of $150,000 between their respective spouses be referred to the Pecuniary Interest and Disciplinary Tribunal?
2. If not, why not?
15. Has the Minister considered Recommendation 5 of the ICAC Report into the conduct of two Burwood Councillors?
1. If not, why not?
2. If so, will the Minister implement Recommendation 5?
3. If so, when?
1. Will Burwood Council's consideration of 10-12 Grantham Street, Burwood by its Building and Development Committee meeting of 10 August 2004 and Cr Faker's interest in the matter be referred to the Pecuniary Interest & Disciplinary Tribunal?
2. If not, why not?
17. Has the Minister considered the other recommendations of the ICAC Report?
1. If not, why not?
2. If so, will the Minister implement those recommendations?
3. If so, when?

Answer—

I provide the following details in response to your questions:

1. I have no detailed knowledge of this matter. You should contact council yourself or review the minutes of the meeting referred to, which are also available online.
1. This is a matter for the Local Government and Pecuniary Interest and Disciplinary Tribunal, which is the body that determines complaints about breaches of section 451, and for council, which determines complaints about breaches of the code of conduct.
2. Not applicable.
3. See response to question (1).
4. Refer to my response to question (3) of Question on Notice 0186 Meeting of Burwood Council.
5. See response to question (1).
1. to ( d) See response to question (1).
7. See response to question (1).
1. No. However, I have referred the matter to the Department of Local Government to assess whether preliminary enquiries are appropriate. If you have any material to support allegations that minutes have been falsified please provide it directly to the department.
2. See my response to question 8 a., above. I am not prepared to comment on any action that may or may not result in the event that the department decides to conduct preliminary enquiries.
9. See response to question (1).
10. See response to question (1).
1. See response to question (1).
2. See response to question (1). I am unable to provide the advice requested.
1. and (b) Refer to my response to question (9)(a) and (9)(b) of Question on Notice 0186 Meeting of Burwood Council.
13. I referred the ICAC Report to the Department of Local Government. I am advised that the department is making preliminary enquiries into the matter in order to determine whether the Director General of the department should make a complaint and commence an investigation into the matter.
1. to (c) See above.
1. That is a matter for assessment and determination by the Director General.
2. Not applicable.
15. I referred the ICAC Report to the Department of Local Government. I am advised that the department is making preliminary enquiries into the matter in order to determine whether the Director General should make a complaint and commence an investigation into the matter.
1. to (c) See above.
1. That is a matter for assessment and determination by the Director General of the Department of Local Government.
2. Not applicable.
17. Recommendations 1 and 2 of the report were directed to Burwood Council. Recommendation 3 concerns possible amendments to the disclosure requirements to require disclosure of significant pecuniary interests on the part of spouses, de facto partners and relatives. This is still being considered in conjunction with the current preliminary enquiries being conducted by the Department of Local Government and the current audit of written returns of interests being conducted by the department.
1. Not applicable, see above.
2. See above.
3. See above.