November 2012


The amended Local Government Act has now come into effect. In our humble view it is a mess, a piece of legislation that the Monty Python’s of this world would have a fine time in lampooning. We will highlight only one aspect of the new legislation.

In their infinite wisdom legislators have decided that a Probity Auditor is necessary to investigate THE PROCESSES involved in any complaints of bullying, sexual harassment against a CEO. Please note – the probity auditor will not investigate the actual complaint, just how it was handled. But it gets even worse! At the 11th hour legislators decided to introduce an amendment which gave the CEO the power to declare complaints as “vexatious and frivolous”. So what we have is the ludicrous situation where the person complained about can decide whether the complaint is bona fide or merely vexatious.

Given that some Labor members then raised the perfectly logical argument that this in effect would constitute a conflict of interest, Minister Guy and later Minister Powell argued that this could be overcome by the CEO delegating this function to one of his/her underlings!!! This should work a treat in Glen Eira no doubt.

For those who would appreciate a good laugh (or cry) we’ve uploaded the sections from HANSARD which deal with this issue. We have to seriously question where plain old common sense has disappeared and why bureaucrats are increasingly becoming a protected species thanks to both Liberal and Labor governments.

Hyams was elected Mayor tonight by a vote of 5 to 4.

Lobo nominated Hyams and Magee nominated Pilling. The votes in favour of Pilling were:

Delahunty

Pilling

Magee

Sounness

The votes in favour of Hyams were:

Hyams

Lipshutz

Esakoff

Okotel

Lobo

For Deputy Mayor there was only one person nominated by Hyams – Lobo. He was elected unopposed.

All councillors signed the Code of Conduct and 7 councillors were sworn in by Affirmation and 2 via the oath – Okotel and Lobo.

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