Board of Inquiry - Dorset Council

On the 26 July 2023, the Minister for Local Government, the Hon Nic Street MP, announced the establishment of a Board of Inquiry to investigate serious allegations of systematic and widespread statutory non-compliance and failings of good governance at Dorset Council.

The Minister's announcement followed an investigation and report by the Director of Local Government into a series of complaints about the actions, decisions and behaviours of the Council, councillors, and senior council employees. The complaints were received from within and external to the Council.

The Director’s report revealed evidence of improper use of statutory power; systematic failure to comply with statutory obligations; mismanagement of conflicts of interest; decision-making compromised by poor governance and disrespect for councillors, community members and businesses by the Council.

On 2 August 2023, the Minister made the decision to suspend the Councillors for the duration of the Inquiry. A Commissioner has been appointed to administer the Council during this period.

The Board of Inquiry was due to submit a report of its findings and recommendations to the Minister no later than 28 February 2024. This has been extended to 30 April 2024 to allow additional time for the Board to adequately consider issues that have emerged from submissions and appearances before the Inquiry.

The powers and functions of the inquiry are set out in Part 13 within the Local Government Act 1993. The Terms of Reference for the Inquiry can be found here

Membership of the Board

The members of the Board of Inquiry are Andrew Walker and Andrew Paul with secretariat support from the Office of Local Government within the Department of Premier and Cabinet.

Andrew Walker is a Barrister and member of the Tasmanian Bar and a former partner at Dobson, Mitchell and Allport with a strong background in local government. Andrew is the author of Civil Procedure Tasmania, has been a member of the Supreme Court of Tasmania Rules Committee and member of the Tasmanian Liquor and Gambling Commission. Andrew was counsel for Alderman Pearce in successful legal challenge to the Board of Inquiry’s report into Glenorchy City Council.

Andrew Paul was General Manager at City of Clarence for 16 years, retiring in July 2019. Commencing in 1977, Andrew served in Local Government for over 40 years with over 20 years in Executive roles. Prior to being appointed at City of Clarence in 2003, Andrew worked in both Melbourne and regional Victoria.

Commissioner

On 2 August 2023, the Governor of Tasmania, Her Excellency Barbara Baker AC appointed Mr Andrew Wardlaw as Commissioner for the Dorset Council. Mr Wardlaw has worked for 20 years in senior roles in local government, including nine years as the General Manager of Burnie City Council.

Inquiry process

Submissions

In August 2023, the Board invited written submissions from persons or organisations wishing to raise matters within the scope of the Terms of Reference for the Board’s consideration. These relate to concerns that:

• Council officers have used legislative authority improperly and/or with bias;
• the Council has allowed, with intent or through inadequate oversight, Council’s General Manager to operate without due regard for the law;
• conflicts of interest have not been adequately managed by senior Council officials;
• the Mayor, Councillors or General Manager have tolerated retributive action against people that disagreed with the Council, the Mayor or the General Manager through, for example, inappropriate and offensive forms of communication; and
• the Council has failed to implement policies and processes that support, at all times, transparent and effective decision-making.

Written submissions closed on Friday, 8 September 2023.

59 persons and organisations provided submissions in response.

All submissions and accompanying information are confidential.

Appearances

The Board of Inquiry held appearances from November 2023 to February 2024. These have now concluded and the Board is preparing its report to the Minister.

Further information about appearances and the Inquiry process is available in the Board’s update to former councillors, suspended councillors and current and former staff.

Further information

For further information on the Inquiry please contact the Board Secretariat: