Barkly Regional Council heads to early November election following scathing independent report

“Everybody’s responsible”: The former manager of an embattled regional Territory council has reacted to its dismissal, following reports of bullying, inadequate oversight and potential breaches of the law.

The entire Barkly Regional Council has been dismissed following an investigation into bullying and harassment and inadequate oversight within the remote council.

On Thursday Local Government Minister Chansey Paech confirmed he would dismiss all members from the council, who have been suspended from duties for the past eight months.

A redacted 616-page report was released following a four-month investigation by Ruth Morley, looking into the councillors’ conduct over a 21-month period, from January 2022 to October 2023.

The Morley report found the elected members did not understand their roles, and failed to seek information before making critical decisions, while conflicts of interest were not properly managed.

Deputy Chief Minister Chansey Paech announces as Barkly Regional Council have been officially dismissed. Picture: Pema Tamang Pakhrin

It said the council did not appropriately manage the chief executive Emma Bradbury, who no longer works for the council as of February 2023.

Ms Morley also noted poorly conducted council meetings with conflicts between council members, and a lack of communication with the wider community.

Ms Morley said it was clear the majority of elected members did not “comprehend” their role, including decision making on resource allocation and strategic planning.

However, she said the few councillors who attempted to get information “felt intimidated by perceived defensive responses by a minority of their fellow elected members”.

The Morley report found the absence of an effective, stable and supportive culture underpinned the deficiencies of the councillors.

Her report revealed serious breaches of the Local Government Act, including inadequate recording of minutes, an overuse of confidential sessions and a failure to adequately administer and engage with the local authorities, and the lack of an audit committee.

She recommended an audit go through the “significant” federal and territory funding agreements with the council over the 21-month period.

Barkly Regional Council, including all 12 of its elected members and mayor, were placed under official management. Pictures: BRC

On Thursday morning, Mr Paech said criminal charges remained an option, with findings being considered for referral to the Director of Public Prosecutions.

While the report is assessing a 21-month period, Mr Paech acknowledged the allegations of misconduct had taken place over “a very long time”.

“There are people who are frustrated at the time it’s taken,” he said.

Mr Paech said since October the council was suspended due to concerns about “serious deficiencies in the conduct of council’s affairs”.

This is the second investigation into the remote council in the past two years, with an internal Justitia Report not publicly released.

However Ms Morley found the elected members “did not adopt nor implement proper process around the delivery” of the internal investigation.

Former Barkly mayor Jeffrey McLaughlin. Picture: Barkly Regional Council Facebook.

She said both Ms Bradbury and then Mayor Jeffrey McLaughlin acted “with a conflict of interest” and manipulated other councillors around the delivery of the report.

“The Investigator found that Council did not adequately respond to nor implement the recommendations of the Justitia Report,” she said.

Mr Paech defended the delay, saying there was a clear timeline and process required for this independent investigation under the Local Government Act.

Mr Paech said the incident highlights the need for adequate governance training, with an emphasis on holding local authority meetings to “ensure that local voices are heard” but did not necessarily highlight an overarching lack of oversight of the local council.

“The local government authority conducts compliance reviews regularly across the Northern Territory,” he said.

“I’ve said we absolutely will be reviewing and amending the code of conduct.”

Mr Paech also terminated the appointment of the official manager, Peter Julian Holt, who previously served as the chief executive of the council.

The minister appointed Jeffery MacLeod — the former chief executive officer for MacDonnell Regional Council and current acting chief executive of the Barkly Regional Council into Mr Holt’s position.

A general election will be held on November 2, with elected members to sit for a five-year-term, as opposed to the usual four year limit.

Mr Paech said the report did not tarnish all current members of the council, saying some would be “encouraged” to recontest their seats in the upcoming election.

“Under the Local Government Act we are not able to pick and choose councillors,” he said.

“The decision is only that you can – if it meets the requirements and you have the reasonable areas – that you can dismiss a council.”

LGANT, FORMER MANAGER AND CHIEF EXECUTIVE REACT TO DISMISSAL

In response to the report, the Local Government Association of the Northern Territory (LGANT) in a statement called on the Territory government to address the “deficiencies” in the code of conduct legislation.

“The current code of conduct legislation is inadequate and government is taking too long to address misconduct by elected members,” the statement read.

“This means council members are not held accountable for their actions in a timely manner, which in turn undermines the trust of the public in local government.”

Former official manager of the Barkly Regional Council, Peter Holt, said BRC was the “perfect example” for improving the code of conduct response under the Act.

Barkly Regional Council's official manager Peter Holt. Picture: Barkly Regional Council

“There were a lot of people complaining about what was going on, and it seems to have been the behaviour of maybe the mayor and particular councillors that was called into question, but everybody’s responsible,” he said.

“I think there are grounds for improving the code of conduct response under the Act and I do think that some councils really struggle with the bad behaviour of individuals.”

Mr Holt said the findings “aren’t unexpected” and allegations around conflicts of interest needed to be “further investigated”.

Speaking on his termination, Mr Holt said it was done at his request as he had never planned to be in the position past March this year.

“I had retired before I took the position, and I offered to help out for six or eight months, which I’ve done,” he said.

In a statement Ms Bradbury said she denies any allegation of wrongdoing.

“I deny any allegation of wrongdoing and affirm that at all times I acted with proper probity in the best interests of the Barkly community and the council in extremely challenging circumstances,” she said.

“I commend all efforts seeking to ensure a more functional and safer workplace and to meet service and administrative challenges that the Barkly Regional Council faces.”

Mr McLaughlin has been contacted for comment.