By VANESSA CHIRCOP
LOCAL Government Minister Jeanette Powell last week introduced changes to the Local Government Act.
The proposed changes are meant to correct a number of shortcomings in the legislation and may have been influenced by the costs relating to the feud between Hobsons Bay councillors Peter Hemphill and mayor Tony Briffa.
Mrs Powell said the changes would reduce the incidence of councils having to pay the legal costs of councillors in VCAT misconduct hearings.
“Under the changes a council will only be liable for a councillor’s costs when the council is the applicant in VCAT or has requested to become a party,” she said.
“A council will not be liable for costs when an individual councillor has applied for the matter to go to VCAT instead of a Councillor Conduct Panel (CCP).”
It has been estimated that the VCAT hearing between councillors Hemphill and Briffa could cost ratepayers in excess of $200,000.
Cr Hemphill said he welcomed the changes to the Act.
“While the full details of the Bill before Parliament are not entirely clear, it is apparent that if these legislative changes had been brought in a year ago, Hobsons Bay City Council would not be paying the ridiculously high legal fees now being incurred,” he said.
“Last November, Cr Briffa referred a serious misconduct complaint against him to VCAT, circumventing the handing down of a CCP decision.
“Cr Briffa had engaged an expensive legal team to represent him and it is showing up with the bills council is now paying.”
It has been revealed that since November 2004 Cr Briffa’s legal expenses had reached $56,440 and Cr Hemphill’s $5020.
A spokesperson for the minister told Star Mrs Powell had received representations from a number of organisations in this matter.
“These were taken into account when preparing the amendment.”
Despite the costs predicted for the Hemphill-Briffa hearing, the amendments will not be retrospective and therefore the council may still be obliged to cover the costs.
“The amendment will not expressly prohibit a council from providing financial assistance to parties in a VCAT hearing.
“However, as with all such decisions, a council must consider its legal obligations and its responsibilities to the community before approving the expenditure of public funds.”
Hobsons Bay organisation development director Chris Eddy said the council cannot be certain of the implications of the Bill, including whether it would impact on matters already under way, until it has been formally enacted by the Parliament.
