Adelaide City Council accepts Deputy Lord Mayor Houssam Abiad’s explanation for register of interests omission
Deputy Lord Mayor Houssam Abiad’s register of interests did not disclose his connection to a building products company — but the City Council accepts he tried to update it with a missing Post-it note.
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Adelaide City Council will not punish Deputy Lord Mayor Houssam Abiad for the omission of a company from his register of interests, saying it believed there was a “genuine attempt” to update the document.
Under the Local Government Act, a council member who submits a return “that is to the knowledge of the member false or misleading in a material particular” can face a fine of up to $10,000.
According to the City Council’s governance manager, members are also required to update the register within a month of any changes taking place.
But until last week Cr Abiad’s register did not reflect the fact that he has owned a share in building products company DAB Wholesales — alongside a builder whose company recently collapsed — since January 2018.
Cr Abiad said this was due to an oversight, and he would like to see the method for updating the register improved and made digital, so councillors would be provided with records of any changes.
Emails sent to the council on Thursday indicate that Cr Abiad spoke to staff that day — after being questioned over the discrepancy by The Advertiser — about a Post-it note he says he provided to a staff member to update his register of interests after last year’s November election.
No change to the register was recorded after the election but an email reply from the staff member concerned on Thursday indicated she recalled the exchange about the Post-it note.
The council has told The Advertiser it accepts that a valid attempt was made to update the register.
“Each council member is obliged to lodge an ordinary return each year and it is up to individual members to keep their Register of Interest up to date,’’ acting chief executive Clare Mockler said.
“Following the recent advice from the Deputy Lord Mayor about an update to his return, it is my understanding that, in this particular circumstance, there was a genuine attempt to update the Register of Interest.’’
Earlier, the council told The Advertiser that any change to the register must be made within a month, which would have required Cr Abiad to make the change by late February 2018.
“Members are required to notify the chief executive officer of a change or variation in the information appearing on the register within one month of any change or variation,’’ the council said in a statement from Rudi Deco, manager of governance.
“In practical terms, any update is required to be submitted in writing and is then included in the register available in the customer centre.
“Council members are required to disclose their interests by completing a primary return after being elected and an ordinary return every year after.
“If a complaint were to be received regarding a member’s register, council administration would investigate as per section 69 of the Act.’’
Cr Abiad said on Tuesday the current system was unwieldy, and a move to a register able to be updated regularly would be good for all councillors.
He also said he had not received a financial benefit from the company in question, and was checking with the governance team as to whether non-trading companies needed to be disclosed.
Cr Abiad said in an email to The Advertiser on Thursday evening that he had told council staff about the business after the election.
“I did inform council staff to list the company on my Register of Interest last year after I was re-elected to office, as I am only required to update it once per year, I did the last update in August 2018, again after the election, and again in 2019 for another matter.’’
Cr Abiad’s business, DAB Wholesales, is a partnership with fellow director and 10 per cent shareholder Andrew di Bacco, who was a director of D&C Homes, which was placed in liquidation last week.
DAB Wholesales operates a newly launched website, Developer Direct Online, which Cr Abiad said had not yet started trading.
His email indicates D&C has had a long relationship with his various development companies, which are currently building 11 homes with D&C.
Cr Anne Moran said the council’s response flew in the face of the fact that it was “drilled into” councillors that their registers needed to be accurate.
“I have never heard the term ‘genuine attempt’,’’ she said.
“These things (registers) are the bedrock of accountability. I don’t think it’s right.’’
cameron.england@news.com.au