ACCOUNTABILITY IN LOCAL GOVERNANCE

'Accountability' is quite possibly the most contentious word in Local Govt. in Tasmania. Mention the word to a Councillor and typically they'll run a mile. Yet the State Govt's GUIDE TO GOOD GOVERNANCE is very clear in regard to accountability – no ifs, no buts.

SECTION 20 of Tasmania's local Govt. Act 1993 is quite explicit in regard to Local Govt's purpose – albeit that the Act is long past its use-by-date. 

Cr. Fairbrother's behaviours currently focuses attention on a range of issues relative to Local Govt with accountability being just one. A Code of Conduct charge could well cost Cr. Fairbrother's constituents thousands of dollars – not Cr. Fairbrother. 

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Sadly it is the case for wide range of issues that ratepayers pay for a Council's or a Councillor's misdeeds. Complain to say the Director of Local Govt. on any issue and you'll find that it a position that is as "blunt as ball" to quote our new Prime Minister. You'll as likely as not be referred to 'the Ombudsman' or 'the CBOS' and both 'instrumentalities' are starving for resources – arguably deliberately starved resources. Thus, effectively, there are no viable mechanisms able to act in a timely way to ensure that constituents are protected from Local Govt. recalcitrance in Tasmania.

Then there is SECTION 62/2  of Tasmania's local Govt. Act 1993 'that functionally gives a Councils GM extraordinary 'deeming powers' and anyone who has business with their local council will bump up against obfuscation facilitated by this provision. It should be an 'emergency power', but in the hands of a Machiavellian  bureaucrat it is open for exploitation at any time, in any circumstance to quell criticism, critique and demands for accountability.

The Act in Tasmania facilitates expensive and largely unaccountable Local Govt. There is a need for root and branch restructure of Local Govt and a willingness to take a 21st C approach that does not privilege outmoded 19th cum 20th C paradigms - peri-colonial as they are by-and-large.

MERCURY LINK 

THE MERCURY
“Sack the bastard”: Flasher councillor refuses to resign amid no confidence vote A Tasmanian councillor convicted of flashing has refused to resign amid a barrage of calls to “sack the bastard” and a no confidence motion. ...  Judy Augustine and Helen Kempton 5 min read June 21, 2022 - 5:42AM 

 A motion of no confidence in a councillor convicted over a flashing incident has been carried as new allegations were levelled against the disgraced Waratah Wynyard councillor. ............................. At Monday’s council meeting, councillors were finally able to speak after Darren Fairbrother was fined and added to the sex offender register, after he exposed himself to a woman and her son at Boat Harbour last year. ............................. Waratah-Wynyard councillor Darren Fairbrother Deputy mayor Mary Duniam said councillors and council workers had copped abuse and comments as a result of the saga. ............................. “According to some community members, we should simply, and I quote, ‘sack the bastard’,” Ms Duniam said. ............................. Cr Gary Bramich said Mr Fairbrother needed to resign. 

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MERCURY CONT. ... “Please pick up your bat and ball and go home now mate,” Mr Bramich said. ............................. “People will think more of you if you’ve done that than sit there like you are, it’s just not good enough.” ............................. Mr Fairbrother refused to resign. “No, I won’t Cr Bramich,” Cr Fairbrother said. ............................. At the start of the meeting several community members also called for Mr Fairbrother to be sacked. ............................. “You should so the bloody right thing mate … It’s appalling what you’ve done,” one community member said. ............................. “I hope you are able to reconsider your position and resign in the best interests of the community,” another community member said. ............................. Explosive new allegations were aired against Mr Fairbrother by the head of a support group for victims of sexual violence ............................. “How is it councillor Fairbrother was able to be employed at (Waratah) Wynyard council after being sacked by Central Coast council for committing a serious class four, vile, sexual predatory offence against a female work colleague on Central Coast Council,” head of Shared Vision Tony Lock said. ............................. “We have practices and standards expected for the safety of all women and children in our community, those standards have been left down. ............................. “I seek to have this matter investigated and will council be transparent in its findings.” ............................. The council did not respond to Mr Lock’s question. ............................. Mr Fairbrother, who left the chamber at the start of Mr Lock’s deputation, was contacted for comment. ............................. Central Coast mayor Jan Bonde was also contacted for comment. ............................. A motion of no confidence in Mr Fairbrother was moved by Cr Kevin Hyland and was carried unanimously. ............................. Mr Fairbrother left the chamber as the two motions relating to him were discussed. ............................. “Cr Fairbrother has treated this council, the councillors and the staff with nothing but blatant, arrogant contempt since way back when this started,“ Mr Hyland said. ............................. Waratah-Wynyard councillor Kevin Hyland. “He’s shown no remorse through the whole process, the apology we got was squeezed out of him, it was a half-hearted attempt. ............................. “All he had to do was resign.” ............................. Mr Hyland said councillors received a flood of backlash while the matter was before the courts but their hands were tied. ............................. “We’re in a position now to do something,” Mr Hyland said. ............................. “Probably the sad thing is we’ve only got one tool in our box, that’s the code of conduct, we’ve got to wait until it goes through."

Ms Duniam moved that the council request the state government review the eligibility criteria for council candidates and undertake mandatory police checks and require working with vulnerable people registration. ............................. She also called for a review of the code of conduct process and for guidelines to enable councillors to be suspended or stood down for breaches of the local government act or code of conduct. ............................. “This motion is the outcome of an exceptionally unpalatable situation where this council has found itself to be the centre of community angst,” Ms Duniam said. ............................. “Four codes of conduct have been submitted from this council … We are doing everything we legally can.” ............................. The motion was supported unanimously. ............................. “The state government should amend and review the local government act as a matter of urgency,” Ms Duniam said. ............................. “If the minister can ram through compulsory voting for compulsory voting in a matter of weeks, on behalf of all Tasmanian, I expect the same sharp actions for the public safety of all Tasmanians.” ............................. Vote of no confidence in flashing councillor to be taken at next Waratah-Wynyard Council meeting ............................. A Tasmanian council is putting pressure on a convicted flasher in its ranks to quit with one of two motions coming before the council on Monday night labelling the situation a “national embarrassment.” ............................. In May, Boat Harbour businessman Darren Fairbrother was convicted of a charge of prohibited behaviour in relation to a flashing incident on Boat Harbour Beach. ............................. He was given an $800 fine and his name was added to the sex offender register ............................. At Monday night’s Waratah-Wynyard Council meeting, fellow councillor Kevin Hyland will ask that a vote of no confidence be taken in Mr Fairbrother. ............................. “Councillors, council staff and the community need this nationwide embarrassment to end,” Mr Hyland’s motion reads. ............................. Mr Fairbrother has been on the council since 1996 and his current term expires at the end of October. ............................. The general manager indicated there were no provisions under the Local Government Act that cover a vote of no confidence and if it was adopted it would not result in any legislative outcomes. ............................. Waratah-Wynyard councillor Darren Fairbrother Councillor Mary Duniam has also tabled a motion that the council write to the Local Government Division (Tasmania) asking the state government review the eligibility criteria, for potential candidates to nominate for and/or hold the office of councillor. ............................. She wants a review to provide “clear penalty guidelines to include the ability to suspend and stand down a councillor in circumstances that align with breaches of the act and of the Code of Conduct. ............................. Ms Duniam also wants a Model Member Code of Conduct to be developed. ............................. “It is important that as councillors we can be held accountable and should all adopt the behaviours and responsibilities associated with the role,” her motion says. ............................. “The conduct of an individual councillor affects the reputation of all councillors and community. Members have both individual and collective responsibility to maintain these standards, support expected behaviour and challenge behaviour which falls below expectations. ............................. “This may also present a requirement for a Working with Vulnerable People Check.” ............................. She pointed out that despite Mr Fairbrother being placed on the sex offenders’ register for two years there was no appropriate level of suspension and/or penalty which could be applied under the current Code of Conduct conditions. ............................. The state government started a review of the Code of Conduct Framework in mid-2021 and is aiming to introduce amendments to the Local Government Act soon. ............................. “Given this work underway, it is sensible that any suggested changes or considerations are ............................. passed to the relevant bodies as soon as possible,” council officers said. ............................. Flashing councillor faces sacking and beach ban Councillor denies exposing himself to woman and her son Councillor Fairbrother was approached for comment on the issue. ............................. helen.kempton@news.com.au