‘Unfair’ interim report into Liverpool Council was not a judgement: Local Government Minister

The barrister representing Ron Hoenig has told a court the Local Government Minister had a “wealth of information” Liverpool Council was in “disarray” prior to announcing a public inquiry.

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

A court has heard Local Government Minister Ron Hoenig had a “wealth of information” indicating Liverpool Council was in “disarray” separate from a now unpublished interim report outlining serious misconduct at the southwestern Sydney council.

The 50-page report compiled by the Office of Local Government was published last month alongside Mr Hoenig announcing a public inquiry into the matter.

In the announcement, Mr Hoenig foreshadowed suspending the council and delaying upcoming elections until the process was complete.

Liverpool Council voted to take Mr Hoenig to the NSW Land and Environment Court with the hearing resuming on Monday after two days of submissions last week.

Justice John Robson has been asked by Liverpool Council to determine six aspects including setting aside the interim report and disqualifying Mr Hoenig, OLG deputy secretary Brett Whitworth and Department of Planning secretary Kiersten Fishburn from taking further steps in reporting on the results of the investigation.

Liverpool Council has also asked whether Mr Whitworth had power to make an interim report before a public inquiry, and if he failed to be procedurally fair and free from actual or apprehended bias.

Liverpool Mayor Ned Mannoun previously called the interim report a “political play”. Picture: Sam Ruttyn

Liverpool Council’s barrister Tim Robertson SC previously submitted Mr Hoenig knew the publication of a “devastating” report was procedurally unfair.

Barrister Naomi Sharp SC, acting for Mr Hoenig, conceded the publishing of the report prior to the investigation being complete was unfair.

However, Ms Sharp on Friday argued given the report was unpublished it was now a nullity and it “does not invalidate the decision to appoint a public inquiry”.

When resuming on Monday Ms Sharp submitted despite the report being a nullity the content of it continued to “exist in fact”.

Ms Sharp added Mr Hoenig was not acting on the report alone when announcing a public inquiry into Liverpool Council, but also complaints from other MPs, councillors and media reports.

The court heard Local Government Minister Ron Hoenig had a “wealth of information” pointing to Liverpool Council being in “disarray”. Picture: NewsWire / Nikki Short

“The Minister could take into account the interim report, because it continued to exist in fact,” Ms Sharp said.

“But even if he could not, there was a wealth of information before the Minister, which demonstrated that this was a council in disarray and it was appropriate to call a public inquiry.

“The decision was not a finding that Liverpool Council was corrupt. The decision was merely a decision to have an inquiry and any argument of unreasonableness needs to be measured against what in fact the decision was. That is a decision which will afford all interested parties procedural fairness.

“The Minister’s decision is not the judgment of a court or indeed a final disciplinary decision of an administrator.”

Ms Sharp said there was “no evidence” to satisfy Mr Hoenig had a “closed” and therefore biased mind when opting to publish the report prior to the public inquiry.

Justice Robson will hand down his decision at a later date.

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