Board of Inquiry breached procedural fairness

August 21, 2024

By Rachel Williams

Local Government Minister Nic Street has demanded the two-member Board of Inquiry panel fix a procedural fairness faux pas, admitting a major consultation error that could impact the legality of the report if not addressed.

The panel failed to consult with the Dorset Council as an administrative “body corporate” during the submission review process of the draft findings and recommendations.

The error is going to further extend the Board of Inquiry, which has already left the community without elected officials for the last 12 months.

Andrew Walker and Andrew Paul are undertaking the Inquiry with secretariat support from the Office of Local Government within the Department of Premier and Cabinet.

It followed an investigation and report by the Director of Local Government
into a series of complaints about the actions, decisions and behaviours of the Council, councillors, and senior council employees.

The Board was asked to “investigate serious allegations of systematic and widespread statutory non-compliance and failings of good governance at Dorset Council”.

Mr Walker and Mr Paul have been asked why they would not think it appropriate to consult with the Council given the controversial history and Terms of Reference. A response was not provided to the North-Eastern Advertiser by its print deadline.

“It is a disappointing situation but a necessary decision to send the report back to the Board,” Mr Street said.

“It is a question for the Board itself as to why they made the decision to not provide the draft report to Council as a body corporate.

“Once we became aware I took legal advice and questioned why they hadn’t done so, and they conceded in the end they probably made an error.”

Suspended Mayor Greg Howard said the admission was an “absolute embarrassment to the Minister and the Board of Inquiry because the Council collectively has had no input whatsoever in the entire process”.

Mr Street said he had no regrets about calling for the investigation which has no guarantee of an end date. He did, however, thank the Dorset municipality for its patience.

“At no stage have I regretted the decision to initiate the Board of Inquiry and I think it’s a worthwhile and necessary process,” Mr Street said.

“I have full confidence in the Board and the process notwithstanding the issue we have had which we are rectifying.”

If there is a material change in the final draft report as a result of the new consultation with the Council, impacted parties will then have another 14 days to respond.

Commissioner Andrew Wardlaw tabled the communication from Mr Street at Monday’s Council meeting, confirming the Council had been unable to “adequately address findings” that were to be considered by the Minister.

“The Council did advise the Minister that, despite its concerns, it believed it was in the best interests of the community that the Inquiry be brought to completion,” Commissioner Wardlaw said.

“While it is unexpected that the Minister would refer the report back to the Board, Council welcomes the opportunity to address the report, directly with the Board of Inquiry, and provide informed commentary to ensure natural justice is upheld.”

Commissioner Wardlaw said Council looked forward to engagement with the Board in a “timely manner”.

Mr Street said he would “absolutely expect it to be wrapped up” before the end of 2024, but “preferably well before that.”

He would not say if the recommendations would result in a permanent sacking of councillors or whether any criminal charges would be pursued.

He committed to releasing the full final report if his legal advice deemed that appropriate.

“If I can release it in full, I will release it in full,” Mr Street said.