Mazza and Local Government Standards Panel

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL

STREAM:   DEVELOPMENT & RESOURCES

ACT:   LOCAL GOVERNMENT ACT 1995 (WA)

CITATION:   MAZZA and LOCAL GOVERNMENT STANDARDS PANEL [2009] WASAT 165

MEMBER:   JUDGE J PRITCHARD (DEPUTY PRESIDENT)

HEARD:   13 JULY 2009

DELIVERED          :   25 AUGUST 2009

FILE NO/S:   DR 89 of 2009

BETWEEN:   JAMES DINO MAZZA

Applicant

AND

LOCAL GOVERNMENT STANDARDS PANEL
Respondent

ATTORNEY GENERAL OF WESTERN AUSTRALIA
Intervenor

FILE NO/S              :DR 32 of 2009

BETWEEN             :SHIRE OF MENZIES

Applicant

AND

JAMES DINO MAZZA
Respondent

Catchwords:

Local Government - Rules of Conduct - Information acquired in closed meeting of Council - Whether closure of information was a breach of Rules of Conduct - Whether information disclosed was in the public domain - Minor breach - Words and phrases: 'public domain'

Legislation:

Local Government (Administration) Regulations 1996 (WA), reg 29(1)(c), reg 29(2)
Local Government (Rules of Conduct) Regulations 2007 (WA), Pt 2, reg 6, reg 6(2), reg 6(2)(b), reg 6(3)(c), reg 7(1)(b), reg 7(2)
Local Government Act 1995 (WA), Pt 5, Div 9, s 5.23(1)(a), s 5.23(2)(a), s 5.23(2)(b),s 5.23(3), s 5.94, s 95(3), s 5.104(1), s 5.106, s 5.110, s s 5.110(6)(b),  s 5.117, s 5.118(1), s 5.120, s 107(1), s 107(2), Sch 5.1 cl 2
State Administrative Tribunal Act 2004 (WA), s 29(3)(c)(ii), s 29(5), s 31(1)

Result:

For DR 89 of 2009:
The decision of the Local Government Standards Panel is varied
For DR 32 of 2009:
The proceedings are dismissed

Category:    B

Representation:

DR 89 of 2009

Counsel:

Applicant:     Self-represented

Respondent:     Mr C Bydder

Intervenor:     Mr C Bydder

Solicitors:

Applicant:     Self-represented

Respondent:     State Solicitor's Office

Intervenor:     State Solicitor's Office

DR 32 of 2009

Counsel:

Applicant:     Mr BW Searle (Representative)

Respondent:     Self-represented

Solicitors:

Applicant:     Self-represented

Respondent:     Self-represented

Case(s) referred to in decision(s):

Nil

REASONS FOR DECISION OF THE TRIBUNAL: 

Summary of Tribunal's decision

1. The Shire of Menzies referred to the Tribunal an alleged failure by a former councillor, Mr Mazza, to comply with orders made by the Local Government Standards Panel.  The orders followed the Local Government Standards Panel's finding that Mr Mazza had breached the Local Government (Rules of Conduct) Regulations 2007 (WA) by disclosing information he had obtained during a closed meeting of the Council of the Shire of Menzies. The orders imposed two sanctions: Mr Mazza was publicly censured, and he was ordered to apologise publicly in accordance with terms set out in the orders. Subsequently, Mr Mazza sought a review of those orders by the Tribunal.

2. The Tribunal considered whether a breach had occurred and, if so, what sanction should be imposed.  The Tribunal determined that there was a breach, but that it would vary the decision of the Local Government Standards Panel in relation to the sanction.  The Tribunal determined that the correct and preferable decision was to impose the public censure ordered by the Local Government Standards Panel, but not to impose the requirement for a public apology.  In light of the Tribunal's determination in relation to the review proceedings, the proceedings in relation to…