Interim report on Liverpool council removed from Office of Local Government website

A damning interim report alleging “widespread dysfunction and maladministration” at Liverpool council has been removed in an “act of good faith” from a government website following a successful legal challenge.

Liverpool Mayor Ned Mannoun (left) and Local Government Minister Ron Hoenig.

A damning interim report alleging “widespread dysfunction and maladministration” at Liverpool council has been removed in an “act of good faith” from a government website following a successful legal challenge.

Liverpool council appeared before the Land and Environment Court on Thursday afternoon for a summons hearing and requested a string of injunctions, including for the Office of Local Government’s interim report to be “expunged from the public record”.

The claim also requested for the state government to delete the report from “all website, libraries and other record depositories” within 24 hours of the order.

It further requested for the report to be taken down from all websites and servers the government did not own or had no control over within seven days.

Deputy mayor Fiona MacNaught and Liverpool mayor Ned Mannoun outside the Land and Environment Court.

This comes after council voted to commence legal proceedings against the state government during an extraordinary meeting on Monday, four days after Mr Hoenig announced a public inquiry into the council following the report.

The interim report detailed allegations of broad dysfunction, including “senior staff in the development assessment department” putting pressure on workers to determine applications to “boost the number of determinations reported to the state government”.

According to the report, the assessment process was often allegedly “rushed” and applications which were likely to be approved, were “unnecessarily refused”.

Council also sought immediate orders to prevent a public inquiry, defer of the election and the Office of Local Government’s intended suspension of the council.

NSW Minister for local government Ron Hoenig. Picture: Nikki Short

An Office of Local Government spokeswoman said despite the “seriousness of the matters” raised by OLG investigations, “fairness dictates that the council should be given every opportunity to be heard” prior to the Minister’s decision on whether to suspend council and defer the election.

“While proceedings are on foot, the department has removed the interim report containing the investigators advice and recommendations to the government from its website without prejudice as an act of good faith,” she said.

“The government’s expectation is that council will continue to ensure records are protected and that any staff that made public interest disclosures to departmental investigators are not subject to any retaliatory action.”

Liverpool Mayor Ned Mannoun (right) voting in favour of his motion alongside acting chief executive Jason Brenton.

Liverpool mayor Ned Mannoun previously said during Monday’s extraordinary council meeting the report was “flawed in numerous ways” and the timing showed it was a “purely political play by the Labor government”.

Mannoun, along with a number of other councillors, criticised the report for naming staff without contacting them for comment beforehand.

Liverpool’s general counsel David Galpin estimated legal costs to be at least $150,000 depending on the length of the court proceedings.

Council is also taking legal action against the Office of Local Government Minister Ron Hoenig, deputy secretary Brett Whitworth and Department of Planning, Housing and Infrastructure secretary and former Liverpool council CEO Kiersten Fishburn claiming they exhibited “actual bias or apprehended bias.”

An additional order will be sought to set aside Mr Hoenig’s decision to appoint barrister Ross Glover as Commissioner to hold a public inquiry into Liverpool Council.

The hearing has been postponed to 2pm on Friday.

Liverpool Council has been contacted for comment.