Local Government Pecuniary Interest Tribunal of New South Wales
Encyclopedia
The Local Government Pecuniary Interest and Disciplinary Tribunal of New South Wales is a tribunal which deals with complaints about local councils in New South Wales
, a state of Australia
. The tribunal began operations on 1 July 1993. On 1 January 2005, the tribunal's name was changed from Local Government Pecuniary Interest Tribunal reflecting an increase in its functions.
who is eligible to be either a judge of the Supreme Court of New South Wales
or the District Court of New South Wales
. A retired judge of those courts is also eligible for appointment.
The governor may also appoint a deputy to the tribunal if necessary.
The current member of the tribunal is David Officer QC.
of the New South Wales Department of Local Government
. The director-general may then refer the complaint to the tribunal for hearing.
From 1 January 2005, the tribunal received the additional jurisdiction to decide allegations of misconduct referred by the director-general. The director-general may investigate the allegations, and either deal with the matter him or herself, or may refer the matter to the tribunal.
The director-general in some cases may suspend a person. When this occurs, the person may appeal to the tribunal under section 440M. When the tribunal decides this appeal, there is no further appeal allowed.
A person appearing before the tribunal may be legally represented.
A person appearing before the tribunal may be required to answer questions even if they incriminate the person.
Contempt of the tribunal may be referred to the Supreme Court for consideration.
. Where such a finding has been made, the tribunal may counsel the offender, reprimand them, suspend them or disqualified them. It may in certain circumstances, recommend other action be taken against the person.
A person may appeal to the Supreme Court of New South Wales
in respect of a finding.
Suite 1, Level 3, Stockland House
181 Castlereagh Street
SYDNEY
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, a state of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. The tribunal began operations on 1 July 1993. On 1 January 2005, the tribunal's name was changed from Local Government Pecuniary Interest Tribunal reflecting an increase in its functions.
Composition
The Governor of New South Wales may appoint a person as a member of the tribunal. The person must be a lawyerLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
who is eligible to be either a judge of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
or the District Court of New South Wales
District Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
. A retired judge of those courts is also eligible for appointment.
The governor may also appoint a deputy to the tribunal if necessary.
The current member of the tribunal is David Officer QC.
Jurisdiction
Since its creation, the tribunal has had exclusive jurisdiction to inquire into referred complaints about the failure to disclose pecuniary interests by mayors and local government councillors. A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person in exercising their duties or functions in local government. Generally, a complaint is made first to the Director-GeneralDirector-general
The term director-general is a title given the highest executive officer within a governmental, statutory, NGO, third sector or not-for-profit institution.-European Union:...
of the New South Wales Department of Local Government
New South Wales Department of Local Government
The New South Wales Division of Local Government, an agency of the Department of Premier and Cabinet in the Government of New South Wales, is responsible for administering legislation in relation to local government areas in New South Wales....
. The director-general may then refer the complaint to the tribunal for hearing.
From 1 January 2005, the tribunal received the additional jurisdiction to decide allegations of misconduct referred by the director-general. The director-general may investigate the allegations, and either deal with the matter him or herself, or may refer the matter to the tribunal.
The director-general in some cases may suspend a person. When this occurs, the person may appeal to the tribunal under section 440M. When the tribunal decides this appeal, there is no further appeal allowed.
Hearings
The tribunal has the power to hold public or private hearings. Generally, proceedings are to be open to the public. It has the power to issue notices requiring documents to be produced or for witnesses to attend before the tribunal.A person appearing before the tribunal may be legally represented.
A person appearing before the tribunal may be required to answer questions even if they incriminate the person.
Contempt of the tribunal may be referred to the Supreme Court for consideration.
Decisions
A person may be found in contravention of the Act on the balance of probabilities, rather than beyond reasonable doubtBeyond a Reasonable Doubt
Beyond a Reasonable Doubt is a 1956 film directed by Fritz Lang and written by Douglas Morrow. The film, considered film noir, was the last American film directed by Lang.-Plot:...
. Where such a finding has been made, the tribunal may counsel the offender, reprimand them, suspend them or disqualified them. It may in certain circumstances, recommend other action be taken against the person.
A person may appeal to the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
in respect of a finding.
Location
The tribunal is located at:Suite 1, Level 3, Stockland House
181 Castlereagh Street
SYDNEY