Public Statement – Codie Hutchison, 1 August 2022

Correction

Dear Readers of Tasmanian Times,

I wish to make a public apology for an error in the article I had published here on Tasmanian Times on 22 June 2022. I stated that the Minister for Local Government had the power to remove a Waratah-Wynyard Councillor from office under a section of the Local Government.

In my haste to review the Local Government Act, the link I followed to the legislation led me to the Local Government Act ‘as made’ not the amended one ‘in force’.

As someone that likes to check for errors, I have made simple mistake with big consequences.

The blame is situated with me, and not that of the Tasmanian Times Editor(s).

I wish to apologise to the Minister for Local Government, Nic Street, for creating incorrect expectations of him as the Minister who only has the power that is provided to him by the legislation and the Tasmanian Parliament.

I apologise for the confusion in the community that I caused, and I thank the Director for Local Government, Mathew Healy, for taking the time to send feedback to Tasmanian Times, which was published at the end of the original article. This has provided more clarity for me as well.

The response is provided below for your reference:

I refer to your article on 22 June 2022 titled “Local Government Minister Can Dismiss Wayward Fairbrother” claiming that the Minister for Local Government, Nic Street MP, has the authority under Schedule 5 of the Local Government Act 1993 to “… remove a councillor from office if the councillor – (h) is unable to perform adequately or competently the duties of the office.”

Please note that this provision has not been in the Local Government Act 1993 since it was removed in February 2005. The current provisions of Schedule 5 of the Act can be found at https://www.legislation.tas.gov.au/view/html/inforce/current/act-1993-095#JS5@EN .  The history of the Schedule can also be seen at the bottom of that page.

It would be greatly appreciated if you could correct or remove the article as it is generating some confusion in the community.

Regards

Mathew Healey  |  Director or Local Government

Office of Local Government  |  Policy and Delivery Division

I wish to also apologise for the delayed time in making this public statement. I have only today (01/08/2022) reviewed the article and noticed the update.

I have requested to the Editor that the original article be removed.

Follow-up Comment

I would now also like to make a follow-up comment about the situation.

The non-resignation of councillor Darren Fairbrother has created much stress in the Waratah-Wynyard community, that we are represented by a convicted sex offender, and we have no power to rescind our support and have him removed. The community is also distraught that the Government seemingly have no current power to have him removed.

Despite all of the conversation and debate over this issue, the Government has not brought forward any amending legislation, suggesting that we will have our say at the ballot box in October.

Yet since January 2021, we have been represented by someone who has clearly not met the standards and expectations we have as a community.

According to the Legislative History – https://www.legislation.tas.gov.au/view/html/asmade/act-1993-095/lh , since the Local Government Act (1993) was brought into Parliament (to replace the repealed Local Government Act 1962), there have been 22 Local Government Amendment Acts passed, with a number of other orders in that time also.

So my question for the Minister is: will he act and propose an amendment bill before the next local government elections, so that all Tasmanian municipalities are not subject to the same shame and distress that Waratah-Wynyard has gone through?

Why is the Tasmanian Government not willing to update legislation that was clearly amended in error in 2005 to remove powers of the Minister so that they are unable to dismiss councillors following clear breaches of community trust and responsibility placed on them by electors?

Is the Tasmanian Liberal Party protecting Darren Fairbrother? If so, why? Have they something to hide?

The more that I hear in the community, the more concerned I become about this whole situation.

Will the Tasmanian Government or other Members of the Parliament listen to the community, and table legislation to amend the Local Government Act once again?

Editor’s note: the original post as published on 22 June has been removed in its entireity. This version was published on 1 August 2022.