Councillor Conduct Tribunal v Swalling

[2022] QCATA 153

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Councillor Conduct Tribunal v Swalling & Anor [2022] QCATA 153

PARTIES:

Councillor Conduct Tribunal

(appellant)

v

John Dane Swalling

(first respondent)

Independent Assessor

(second respondent)

APPLICATION NO/S:

APL206-22

ORIGINATING APPLICATION NO/S:

GAR024-21

MATTER TYPE:

Appeals

DELIVERED ON:

1 November 2022

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Reid

ORDERS:

I order subject to (4) below:

1.     The appellant be granted leave to appeal against the decision of QCAT dated 8 June 2022.

2. The appeal be allowed and the Independent Assessor be joined as a party to the review pursuant to section 42 of the Queensland Civil and Administrative Tribunal Act.

3.     The Councillor Conduct Tribunal be excused from further appearance, save as to questions of costs or issues arising which require the Councillor Conduct Tribunal engagement on the matter to assist QCAT to make a decision on the review.

4.     In the event of any of the parties wishing to make further submissions about the form of the orders I should make, the party do so by providing short written submissions to each of the other parties and filing them in QCAT by 4:00pm on 8 November 2022. If no such submissions are filed by that time and date orders are made as per paragraphs 1, 2 and 3 above.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the applicant seeks leave to appeal an interlocutory decision of the Tribunal to dismiss an application to join the Independent Assessor as a party to the proceeding – where no formal application was made but the application was inferred from the parties submissions – where the party seeking to be joined is akin to a prosecuting agency – whether the appeal should be allowed   

Local Government Act2009 (Qld) s 150AT
Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 19, 20, 40, 42
Cairns Port Authority v Albietz (1995) 2 Qd R 470
Commissioner of Police, New South Wales v Fine (2014) NSWCA 327
R v Australian Broadcasting Tribunal and Ors; ex parte Hardiman (1980) 144 CLR 13

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. The Counsellor Conduct Tribunal (CCT) seeks leave to appeal against the decision of the Queensland Civil and Administrative Tribunal (QCAT) declining the joinder of the Independent Assessor (IA) in proceedings for a review of a decision by the CCT involving John Swalling, a member of the Cloncurry Shire Council.

2. The CCT on 7 December 2020 had found an allegation bought by the IA, against Mr Swalling was sustained and directed that he make a public admission that he engaged in misconduct. He has sought to review that decision in QCAT.

3. Since the filing on 12 January 2021 of that application to review the CCT decision, the matter has been procedurally untidy.

4. In his application, Mr…