Authorised Inquiry into the Town of Cambridge
Introduction and Background
On 18 April 2018, the Deputy Director General of The Department of Local Government, Sports and Cultural Industries ('the DLGSCI'), authorised a Local Government Inquiry ('the Inquiry') pursuant to Part 8, Division 1, of the Local Government Act 1995 ('the Act') involving the Town of Cambridge ('the Town').
The nature of the Inquiry was to ascertain whether the Town Council and Administration are functioning in the best interest of the community, and into the operations and affairs of the Town, in relation to the adequacy of Council's policies and procedures, land acquisition, and any other issues that are determined to be of relevance to the above.
A copy of the Authorised Inquiry Notice is found HERE(PDF, 81KB)
Show Cause Notice issued by the Minister of Local Government
On 26 May 2020, the Minister for Local Government, the Hon. David Templeman issued a ‘Show Cause’ Notice on the Town of Cambridge.
The Show Cause Notice listed the following matters which had caused the Minister to think it was appropriate for the Council to be suspended and undergo training:
1. "I suspect that the Council has failed to ensure that Council Members have an understanding of, and observe their respective roles, such that the Town’s employees rather than Council Members undertake administrative and operational functions.”
2. “I suspect that the Council has failed to ensure that the working environment and relationship between Council, the CEO and the employees of the Town, enables the CEO and employees to carry out their functions without inappropriate involvement or interference by Councillors .
3. “I suspect that the Council has failed to ensure that the workplace culture at the Town is free from intimidation of employees and undue pressure on employees.”
Response to the Show Cause Notice by the Town of Cambridge
On 21 August 2020, the Town of Cambridge submitted a response concerning the ‘Show Cause’ Notice to the Minister of Local Government.
A copy of the Town’s response is found HERE(PDF, 188KB)
Supreme Court Decision by Justice Paul Tottle
Supreme Court Action
In June 2020, the Council resolved to commence proceedings in the Supreme Court of Western Australia, seeking a review of the Minister’s decision to issue the Show Cause Notice, and to prevent the Minister from acting on the Show Cause Notice.
The hearing was held on 31 July 2020 before His Honour, Justice Tottle. On 2 October 2020 Justice Paul Tottle handed down his decision, upholding the Town of Cambridge’s application and awarding costs to the Town Town’s Grounds: The Town relied on the following grounds in its application for judicial review of the Minister’s decision:
1. The Town submitted it had been denied procedural fairness. However, the Town was subsequently provided with sufficient details and this ground was not pursued.
2. In the circumstances deposed to in the Town’s Affidavits, any orders in terms of s 8.15C(2) would not be an exercise of the Minister’s power for a proper purpose;
3. An order pursuant to s 8.15C(2) would be beyond power because in the circumstances, the Minister could not properly form the beliefs and opinions or reach conclusions, identified in s 8.15C (1) with respect to the Council; and
4. Having regard to the subject matter of the Notice and further and the affidavit evidence, the making of an order against the Council would be legally unreasonable.
Justice Tottle found the Town’s grounds three and four were successful. Ground two was not determined, as he had already found grounds three and four to be upheld. Ground one was not pursued by the Town, as requested information was provided by the State Solicitor’s Office.
Legal Costs
As the Town was successful in its legal action, the Town received an amount of $180,000 (exclusive of GST) in respect to costs and $3,667 (exclusive of GST) in respect to disbursements (total $183,667 exclusive of GST).
Supreme Court Decision
A copy of the Supreme Court decision WASC [2020] 350 is found HERE(PDF, 337KB)
Response by the Town of Cambridge
Draft Authorised Inquiry Report
On 8 July 2020, a copy of the draft Authorised Inquiry Report was sent to the Town and the Town was invited to make comments on the findings relevant to the Town. Particulars were provided to the Town on 10 August 2020.
A response was provided to the Department of Local Government, Sports and Cultural Industries on 15 September 2020.
A copy of the Town of Cambridge’s response is found HERE(PDF, 162KB)
Councillor Response
On 8 July 2020, a copy of the draft Authorised Inquiry Report was sent to the Town and the Town was invited to make comments on the findings relevant to the Town. Particulars were provided to the Town on 10 August 2020.
The following Councillors provided a response to the Department of Local Government, Sports and Cultural Industries on 15 September 2020.
• Councillor Catherine (Kate ) BARLOW
• Councillor Rodney BRADLEY
• Councillor Ian EVERETT
• Councillor Alaine HADDON–CASEY
• Councillor Kathryn (Kate) McKERRACHER (Deputy Mayor)
• Councillor Andres TIMMERMANIS
A copy of the Councillor’s Response is found HERE(PDF, 39MB)
Authorised Inquiry Report
On 18 November 2020, a copy of the Town of Cambridge Authorised Inquiry Report was tabled in the Western Australian Parliament.
A copy of the Authorised Inquiry Report is found HERE(PDF, 1MB)
Town of Cambridge Media Statement
On 18 November 2020 the Town of Cambridge issued a Media Statement concerning the Authorised Inquiry Report.
A copy of the Town of Cambridge Media Statement is found HERE