Local Government Minister Gabrielle Upton has announced a public inquiry into Blue Mountains City Council to investigate serious allegations relating to asbestos management and organisational governance.
A public inquiry will provide an independent, open and transparent process to determine the facts and help address the serious issues impacting on the council.
Barrister Richard Beasley, SC, has been appointed as Commissioner to conduct the inquiry. Mr Beasley has more than 30 years of experience as a legal practitioner and a comprehensive knowledge of administrative law.
“Blue Mountains residents have had no choice but to stand by as their council continues to be engulfed in serious allegations impacting on its operation and performance,” Ms Upton said.
“A public inquiry will get to the bottom of these matters once and for all in an open and transparent way. It will also help ensure local residents can have faith that their council is in a strong position to represent their best interests.”
Greens councillor Kerry Brown, who called for an inquiry last week after the Court of Appeal lifted the injunction on Ms Upton’s suspension threat, said it could be a positive experience for council.
“I believe the inquiry may actually help council learn about some changes it needs to make. It’s not a negative, it could be a real positive.”
The public inquiry will examine:
• The track record of both the council and the councillors in dealing with asbestos management issues since 2012 including funding and co-operation with State Government agencies;
• The council’s processes surrounding the employment of certain staff and contractors including those engaged to conduct independent investigations into asbestos management and employment issues;
• Whether the council and councillors are facilitating a consultative and supportive working environment;
• The council’s compliance with its statutory responsibilities under the Local Government Act; and
• The council’s organisational structure and allocation of resources.
In November last year, the council ordered independent investigations into asbestos management and staff recruitment practices following serious allegations made against it.
Allegations then emerged of a serious conflict of interest between the person appointed to conduct the independent investigation into the council’s asbestos management practices and a now former senior staff member at the council.
“We are not going to stand by while the council buries the matter in unnecessary and expensive court action. I am appealing to the council to stop wasting its ratepayers’ money and work with the Government to ensure its workers and residents are protected from the dangers of asbestos.
“SafeWork NSW and the Environment Protection Authority have issued dozens of improvement, prohibition and clean-up notices to the council over asbestos at a range of public facilities including a kindergarten, childcare centre, library, swimming pool and tip,” Ms Upton said.
“Anyone with concerns about the council can now raise them with the Commissioner of the public inquiry and the matters will be appropriately aired and tested.”
Minister for Better Regulation Matt Kean said: “There have been serious allegations regarding asbestos management by the Blue Mountains City Council. I welcome this public inquiry and SafeWork NSW will assist it in any way it can.”
Councillors will remain in place during the public inquiry.
At the conclusion of the public inquiry the Commissioner will present a report to the Minister. The Commissioner may make such recommendations as he sees fit having regard to the findings of the public inquiry.
The recommendations could include issuing future performance improvement orders or dismissing the council and appointing an administrator.
