ELECTED REPRESENTATION AND STANDARDS

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“It was all Mrs. Bumble. She would do it," urged Mr. Bumble; first looking round, to ascertain that his partner had left the room. ... "That is no excuse," returned Mr. Brownlow. "You were present on the occasion of the destruction of these trinkets, and, indeed, are the more guilty of the two, in the eye of the law; for the law supposes that your wife acts under your direction." ... "If the law supposes that," said Mr. Bumble, squeezing his hat emphatically in both hands, "the law is a ass — a idiot. If that's the eye of the law, the law is a bachelor; and the worst I wish the law is, that his eye may be opened by experience — by experience.” ― Charles Dickens, Oliver Twist

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PRESS GLEANINGS: Government considering "medium term" changes to Local Government Act Rodney Woods By Rodney Woods ........................... Is change coming?: The government is considering changes to the Local Government Act, following the decision of Waratah-Wynyard councillor Darren Fairbrother. Picture: Brodie Weeding. Is change coming?: The government is considering changes to the Local Government Act, following the decision of Waratah-Wynyard councillor Darren Fairbrother. Picture: Brodie Weeding. The state government is considering its options in relation to changing the laws which outline who is entitled to be a councillor. ........................... Waratah-Wynyard councillor Darren Fairbrother said he won't resign because the Local Government Act currently allows those sentenced for a summary offence to continue representing their community. ........................... Despite ruling out changes before this year's local government elections, Premier Jeremy Rockliff has asked Local Government Minister Nic Street to consider all options when it comes to addressing the issue. ........................... "Changing the eligibility for elected representatives at any level of government is a serious issue that would need to be progressed transparently and with broad consultation," a government spokesperson said. ........................... "The Premier has, however, asked the Minister for Local Government to consider options for addressing this issue over the medium term. ........................... "The Minister for Local Government has asked the director (of local government) to look at all avenues available to either the director or the minister under the act such as a performance improvement direction, to reinforce the unacceptable nature of this behaviour." ........................... With the issue attracting "significant interest", Waratah-Wynyard general manager Shane Crawford said it's important to clarify the misconception that the council can "sack" a councillor or remove them from their position. ..................... https://www.warwyn.tas.gov.au/councillors/cr-darren-fairbrother/ A Coastal councillor convicted of exposing himself on a beach last year should have already resigned. ........................... Waratah-Wynyard councillor Darren Fairbrother was found guilty in April of flashing his "flaccid penis" three times at a prominent Launceston lawyer and her teenage son while they holidayed at Boat Harbour in January 2021. ........................... In a sentencing submission mid last month, his lawyer said Cr Fairbrother would be "reviewing his position" on the council. ........................... On Monday, the disgraced councillor revealed he had decided he would not be standing down after all. ........................... "I made a decision in accordance with the legislation and it doesn't force me to step aside," he told us. ........................... "Maybe there needs to be change in the legislation if that's what's being advocated." This last comment may have been meant tongue-in-cheek, but no matter: Cr Fairbrother has a point. The law should be changed to take in a wider range of offences for which a conviction should rule you unfit for public office. ........................... One that results in an individual being placed on the community protection register, as Cr Fairbrother has been, should arguably be at the top of the list. ........................... In April, Premier Jeremy Rockliff said Cr Fairbrother's behaviour "certainly doesn't meet my expectations or standards of any elected representatives of any tier of government". ........................... Code of conduct complaints have been lodged against the councillor, including by the director of local government. ........................... The Waratah-Wynyard Council, meanwhile, is continuing "to receive feedback from residents about Cr Fairbrother's ongoing role as an elected representative". ........................... It's rather unlikely that feedback includes much support for Cr Fairbrother. ........................... From its responses to questions on Tuesday, it seems the government will look at potentially changing the eligibility requirements for elected representatives off the back of this case. ........................... That's positive, and yet any reform - together with any action that can be taken against Cr Fairbrother - probably won't make any difference in the here and now. ........................... The flashing councillor should do the right thing by his community and resign.