Breach of Code of Conduct by Councillor

Published on 19 August 2024

At the Council meeting held on 15 August 2024 Temora Shire Councillors considered two reports regarding investigations into Code of Conduct breaches by Councillor Anthony Irvine. These matters are in addition to those considered by Council in April this year, where it was found that Councillor Irvine breached the Code of Conduct in relation to an email that he sent and posts made on his Facebook page.

The outcome of the reports considered by Council last Thursday night saw Council officially and formally censuring Councillor Irvine in relation to the two matters for breaching its Code of Conduct.

Councils can formally censure councillors for misconduct under Section 440G of the Local Government Act 1993.

The censure follows complaints made last year, alleging Councillor Irvine had breached the Code of Conduct in relation to an email that he sent on 24 October 2023 and emails that he sent on 22 November 2023.

All complaints must be dutifully investigated and managed in accordance with the Procedures for the Administration of the Code of Conduct. This requirement is the same for all NSW Councils.

Accordingly, Council appointed independent investigators who found elements of the Code of Conduct had been breached and recommended formal censure of Councillor Anthony Irvine for both allegations.

The Procedures for the Administration of the Code of Conduct prevents disclosure of the details of Code of Conduct matters.

A copy of the resolutions is attached for further information.

It was resolved by Council:

Under Section 440G of the Local government Act, 1993 and under provisions of 7.37b, 7.46, 7.58b and 7.59 of the procedures for the Administration of the Code of Conduct, officially and formally censure Councillor Anthony Irvine in relation to an email sent by Councillor Anthony Irvine on 24 October 2023 , which was found to be in breach of the following clauses of the Code of Conduct by an independent investigator:

• clause 3.1 (a) of the Code in that it is likely to have brought council or council officials into disrepute,
• clause 3.1 (b) of the Code in that it is contrary to council’s administrative requirements or policies,
• clause 8.10 of the Code in that he failed to maintain the integrity and security of confidential information in his possession,
• clause 8.11 (b) of the Code in that he did not protect the confidential information
• clause 8.11 (c) of the Code in that he released the confidential information without authority,
• clause 8.11 (f) of the Code in that he used the confidential information with the intention to cause harm or detriment to the council or any other person or body.

It was resolved by Council:

Under Section 440G of the Local Government Act, 1993 and under provisions of 7.37b, 7.46, 7.58b and 7.59 of the procedures for the Administration of the Code of Conduct, officially and formally censure Councillor Anthony Irvine in relation to emails sent by Councillor Anthony Irvine on 22 November 2023, which was found to be in breach of the following clauses of the Code of Conduct by an independent investigator:

a) Clause 3.1(a) of the Code in that the email of 22 November 2023 (1.58pm) is likely to have brought the council and council officials into disrepute.

b) Clause 3.1(b) of the Code in that the emails of 22 November 2023 (1.58pm) and (2.18pm) breached council’s administrative procedures.

c) Clause 3.1 (e) of the Code in that the email of 22 November 2023 (2.18pm) causes, comprises or involves intimidation or verbal abuse.