Council discuss question on legal fees

A Weddin shire councillor has questioned council’s spending on legal advice. Councillor John Niven has asked for details of council’s legal advisors and the subjects they were asked to advise on as details of the spending were revealed in its 2024 / 2025 financial statements. His question, submitted for the November council meeting, focussed on two consolidated items of legal expenses in the council’s accounts: a. Advice – employment matters $31,532 b. Advice – governance matters (GIPA, code of conduct, PiPP Act) $41,122. The council regularly deals with complex employment and governance matters and therefore – as part of due diligence – is required to obtain legal advice and / or seek legal representation, council staff explained in their written response in the November business council business paper. Council staff also said in the 2024/2025 budget, council allocated a total of $96,100 to legal expenses, which included a revote of $17,000 in the Q1 Quarterly Budget Review Statement (QBRS). Cr Niven spoke to his question during the meeting, raising the Weir report, which is not publicly available, and the legal costs associated with that. He said under freedom of information he has a copy of the Weir Report, which recommends council meet as a whole to consider the report and that hasn’t happened. Mayor Paul Best said that was the recommendation from the report, prepared by consultants, but not legal advice council received about the release of that report. Cr Best said Cr Niven was shown the legal advice in council and had an opportunity to read the Weir report. “I believe we have, I have, done everything responsible regarding that report,” Mayor Best said. “I’m not going to discuss obviously the contents that report because as everybody knows here that it’s a closed council matter because it deals with people that aren’t councillors.” Councillor Jan Parlett said going back to the initial council meeting that they as a council weren’t given the recommendation from that report and they did pay for the report. “So that’s been a cost to council when that Weir report was done and that’s the concern, [it] should have been brought back to councillors to then … form outcomes,” she said. Cr Parlett said the only way councillors were able to see some of that report, with redactions, was to sign a non disclosure agreement which some refused to do and felt it was not appropriate. She asked if the legal advice was for council or councillors and there is a difference in that. “I’m here as a councillor to support council and look out for council, but I’m also here to represent the community and we’ve spent money on things that I have concerns about,” she said. Acting general manager Luke Sheehan clarified that the legal advice they did receive was for council. Mr Sheehan said some of the issues that the report relates to are confidential and relate to staff matters. He said the reason they got legal advice was because the report does say it should be presented to council, but that people were involved on the basis that their contribution to that report would be kept confidential. “So to breach that privacy is a big thing,” he said. Mr Sheehan said that is why they needed to go and get legal advice to say what they needed to do, and that is what the mayor has done. He said they had to find a way that is suitable and covers council, and provides councillors with an update on that report, and this is what came back from the solicitors. Mr Sheehan said that report did have some redactions which was based on the legal advice. As for council’s legal costs, Mayor Best said they have the responsibility to abide by law and legislation. “I don’t think councillors and I don’t think staff can be really expected to interpret complex legislation without any assistance whatsoever,” he said.

Council discuss question on legal fees

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