Council risks lawsuit pain

Local Government Act being ignored

A TASMANIAN council is not complying with the Local Government Act in at least six areas including leaving itself open to lawsuits by not having a risk management system in place.

Last month, a new special committee was formed to look into issues at the Glamorgan Spring Bay Council and to draw up a statement of expectations governing interactions between the mayor, councillors and staff.

The committee comprises independent consultants Lynn Mason and Greg Preece, Mayor Debbie Wisby, Deputy Mayor Jenny Woods and Cr Rob Churchill.

The committee’s first report tabled at this week’s meeting outlines a raft of areas where the council is currently noncompliant with the Local Government Act. Mr Preece found the council urgently needed to agree on a performance review process for the general manager and put in place a risk management system.

“Following the appointment of the general manager, the mayor, council and the general manager were to jointly agree on a performance review process, committee and KPIs for the general manager,” he wrote. “This should be undertaken immediately for the benefit of council and the general manager, as it is difficult to hold the general manager accountable if the process and KPIs does not exist.

“Council does not have a risk management system, plan or process in place which leave the council and general manager extremely vulnerable to litigation and damage claims.” Mr Preece also found the council did not have an annual plan, asset management plan or strategy, a long-term financial plan and needed to update its strategic plan “as a priority.”

In her report, Ms Mason said the council’s understanding of the planning system needs “urgent attention.”

Local Government Minister Mark Shelton previously said he was aware of concerns being raised by the Glamorgan Spring Bay community and council staff.

It was also previously reported the Australian Services Union had alleged Mayor Wisby is facing several claims of bullying and harassment against current and ex-council staff and other breaches of the council’s code of conduct, which the mayor is understood to vigorously deny.