Board of Inquiry into Glenorchy City Council back on track after Peter Brooks’ Supreme Court action thrown out

THE Supreme Court has dismissed Glenorchy City Council general manager Peter Brooks’ action to stop the Board of Inquiry into the council.

Glenorchy City Council general manager Peter Brooks leaving the Supreme Court in Hobart.

THE State Government hopes to receive the Board of Inquiry report into the Glenorchy City Council as soon as possible after Chief Justice Alan Blow dismissed general manager Peter Brooks’ Supreme Court action.

While still subject to an appeal period from Mr Brooks, the nearly 23-month long investigation is set to resume in the wake of Chief Justice Blow’s decision.

Mr Brooks — who is on indefinite leave — and his lawyer Shaun McElwaine SC argued the inquiry and its members, Barry Easther and Lynn Mason, did not afford him natural justice and were biased.

KEY FIGURES 699 days since Board of Inquiry was established 216 days since aldermen suspended 89 days since Brooks launches legal action Over $800,000 spent

He sought to stop the inquiry to protect his reputation and status as the general manager of Glenorchy.

But Chief Justice Blow dismissed those claims.

“The Board’s terms of reference are extremely wide,” Chief Justice Blow said in his reasons for decision.

“It has the enormous task of assessing practically every aspect of the governance arrangements and practices of the council since elections held nearly three years ago.

“And it has a duty to bring its work to a conclusion.”

Chief Justice Blow also said there was “no evidence of bias on the part of the Board or either its members” in how it had dealt with Mr Brooks during its investigation.

Chief Justice Alan Blow.

“He [Mr Brooks] has had about five months to consider how to respond to it if he is unsuccessful in these proceedings,” Chief Justice Blow said.

“I have no reason to think that the Board will fail in its duty to afford him natural justice if its inquiry continues.”

The final report of the Board is yet to be completed.

But Local Government Minister Peter Gutwein said he hoped to receive a finalised copy as soon as possible.

“The Government welcomes the decision,” Mr Gutwein said.

“We look forward to receiving the final Board of Inquiry report as soon as possible.”

However a non-publication order on the second draft report remains in place until Chief Justice Blow provides another order.

This is despite the Mercury publishing the recommendations and key findings of it before the non-publication order was made by Chief Justice Blow.

The Board of Inquiry was established in October 2015 to look at claims of infighting and dysfunction involving elected members and senior staff.

Suspended Glenorchy mayor Kristie Johnston. Picture: MATHEW FARRELL

Mr Gutwein suspended the council in February, before he had received the report, and appointed former MLC Sue Smith as the council’s commissioner.

As Supreme Court action dragged on, Mr Gutwein resuspended the council for another six months in August, to ensure it could not be returned while the Board of Inquiry report was still being finalised.

Suspended Glenorchy mayor Kristie Johnston said it was a relief the inquiry was finally moving forward.

“Obviously it’s a huge win for the community,” she said.

“Justice is being done. We are now seeing an end to the Board of Inquiry process after nearly 24 months.”

When the Board of Inquiry does complete its final report, Mr Gutwein has to first consider the report and then allow the 10 aldermen and other affected parties the chance to respond to its recommendations and findings.

He then will have to consider the responses before making any decision on the future of the council and whether he will release the report to the public.

Last month, Mr Gutwein said the cost of the Board of Inquiry has blown out to more than $800,000 — a figure that would be paid for by ratepayers.

Solicitor-General Michael O’Farrell SC applied for Mr Brooks to pay the costs of the State Government while Mr McElwaine applied for Mr Brooks’ costs of his appeal for a non-publication order on August 8 to be paid by the State Government.

Mr Brooks declined to comment when asked by the Mercury if he would appeal Tuesday’s decision.

TIMELINE OF THE BOARD OF INQUIRY

OCTOBER, 2014: Alderman Kristie Johnston elected mayor on 58 per cent of popular vote, defeating Jenny Branch-Allen and incumbent Stuart Slade.

FEBRUARY 4, 2015: Ald Johnston requests CT Management report into restructuring to get budget back into black; general manager Peter Brooks first denies request then provides summary to all aldermen.

FEBRUARY 5, 2015: Ald Johnston adjourns special meeting to allow aldermen to consider report. Aldermen continue meeting without her and vote in support of report without seeing it.

MARCH 10, 2015: Director of Local Government Philip Hoysted releases findings of investigation into the February 5 adjournment, finding it valid and decisions made subsequent as invalid.

MARCH, 2015: The Mercury reports notice of motion to be moved by Ald David Pearce, praising general manager. Ald Johnston says she will vote against it.

OCTOBER 14, 2015: Local Government Minister Peter Gutwein establishes Board of Inquiry into the council.

FEBRUARY 23, 2016: Ald Jenny Branch-Allen lodges Supreme Court action against board, seeking prohibition order to stop board continuing its investigation.

FEBRUARY 24, 2016: Injunction granted by court.

MARCH 23, 2016: Branch-Allen v Easther and Ors starts before Chief Justice Alan Blow in Supreme Court.

JUNE 10, 2016: Chief Justice Blow delivers decision; he discharges injunction and orders board not deliver report to minister until it complies with specified natural justice requirements.

DECEMBER 12, 2016: At annual general meeting, minutes of previous AGM not passed and meeting declines to accept Annual Report 2015-16.

JANUARY 23, 2017: Public and council staff asked to leave council meeting so aldermen can consider “pressing personal issue”. Later revealed this was sparked by early return of Mr Brooks from sick leave. Local Government Director Alex Tay sits through the seven-hour meeting.

JANUARY 27: Mr Gutwein gives aldermen until February 3 to convince him why he shouldn’t suspend them for six months.

FEBRUARY 8: Mr Gutwein suspends council and appoints Sue Smith as commissioner.

MAY 31: Ald Branch-Allen launches then withdraws last-minute legal challenge to inquiry.

JUNE 7: The deadline to respond to the inquiry extended to June 21.

JUNE 22: Board of Inquiry tells aldermen “as a result of a further legal challenge” report unable to be finalised, with no time frame for resolution.

JUNE 28: The Mercury reveals key findings of second draft report.

JULY 4: Mr Brooks launches legal action against board in Supreme Court. State Government joins side of the board. Ald Branch-Allen launches her own action against inquiry.

JULY 13: Appeal by Mr Brooks’s lawyers to issue non-publication order on details of his Supreme Court action against board is rejected by Associate Justice Stephen Holt.

JULY 17: Mr Gutwein says he will resuspend aldermen if they cannot convince him otherwise by end of the month.

AUGUST 8: Mr Gutwein suspends aldermen for six more months. Chief Justice Blow rules against Associate Justice Holt’s verdict; issues non-publication order for Mr Brooks’s claims against board and draft report. Ald Branch-Allen withdraws action through consent order.

AUGUST 21: Supreme Court hears Mr Brooks’s legal action against the Board of Inquiry. He claims that he was not afforded natural justice.

SEPTEMBER 11: Chief Justice Blow dismissed Mr Brooks’ application “has a duty to bring its work to a conclusion”.