Dorset Council: Board of Inquiry empanelled to investigate widespread allegations of poor governance

A Board of Inquiry has been appointed after allegations of “systematic and widespread statutory noncompliance and failings of good governance” at a Tasmanian council. What happens next.

Dorset Council’s former GM Tim Watson, who departed in late 2022, and Mayor Greg Howard. Picture: Facebook/ Dorset Council

Tasmania’s Local Government Minister Nic Street says he is “actively considering” suspending councillors at a Northern council after an investigation uncovered allegations of “systematic and widespread statutory noncompliance and failings of good governance”.

Mr Street said that due to the seriousness of the allegations, a Board of Inquiry has been established to look into the dealings of Dorset Council, northeast of Launceston.

The investigation, which uncovered “allegations of systematic and widespread statutory noncompliance and failings of good governance,” was launched after complaints were received from councillors and members of the public, Mr Street said.

“The investigation revealed evidence suggestive of improper use of statutory power; systematic failure to comply with statutory obligations; mismanagement of conflicts of interests; decision-making compromised by poor governance and disrespect for community members and businesses by the council,” he said.

Minister Nic Street. Question time in the Tasmanian parliament. Picture: Nikki Davis-Jones

“The Director's advice is that there is sufficient evidence to warrant further inquiry as to whether the council has used its legislative authority improperly or with bias; has allowed with intent or through a lack of oversight the general manager to operate without due regard for the law; [and] has tolerated retributive action against those who disagreed with council, the mayor or the general manager through, for example, inappropriate or offensive forms of communication.

“The investigation considered the circumstances of a small number of individuals in the Dorset community and identified evidence that suggests that some people have been treated harshly through excessive fines and other actions inconsistent with the treatment of other members of the community.

“The investigation also considered concerns raised over an extended period of time regarding council works on Crown land without authority and on at least one occasion continuing to undertake these works after being directed not to do so by the state.

suntas: Mayor Greg Howard, of Tasmania's Dorset Council.

“The investigation also considered evidence of repeated instances of language used by officials in the council that was inappropriate and offensive.

Mr Street revealed that the Board of Inquiry will comprise two members: Andrew Walker, a senior Barrister with significant experience in the operations of local government, and former general manager of Clarence City Council, Andrew Paul.

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The Board has been given a deadline of February 28, 2024, to issue its findings.

Mr Street said a decision would be made early next week as to whether the council would be suspended, after elected councillors had been given a chance to provide “feedback” on what they believed the appropriate next step would be.

Minister Nic Street announcing the empanelling of a Board of Inquiry to investigate allegations of widespread failures of good governance at Dorset Council, in the state's North. Picture: Alex Treacy

He said that, were councillors to be suspended, a commissioner would be appointed to administer the council, similarly to what occurred in recent years at Huon Valley and Glenorchy.

Mr Street said he was advised by the Director of Local Government on July 17 that the council’s dealings required further investigation. The Director’s preliminary investigation commenced in August 2020, following the receipt of an initial complaint, Mr Street said.

A draft copy of the Director’s preliminary investigation was provided to councillors in February this year to ensure procedural fairness.

Mr Street said the Director’s report would not be made public on the basis of advice that to release it at this stage would compromise the Board of Inquiry’s future investigations.

Long-term Dorset Councillor Edwina Powell, a candidate for mayor at last year’s local government elections, revealed she was one of several councillors who had made formal complaints to the Director.

Dorset Councillor Edwina Powell has revealed herself as one of the Dorset councillors that made a complaint to the Director of Local Government that precipitated the empanelling of a Board of Inquiry. Picture: Facebook

“There were issues with governance and transparency that were deeply concerning and it needed to be inquired into more closely,” she said.

Ms Powell said she supported the appointment of a Board of Inquiry.

“I’m really pleased that appropriate action has been taken by the Minister,” she said.

Mayor Greg Howard was contacted for comment.