Thursday, 20 June 2024

Local government integrity

Bev McARTHUR (Western Victoria) (19:06): (987) My adjournment matter, for the Minister for Local Government, concerns the victimisation of councillors in Victoria. The victims I am aware of are mostly women – conservative women – but I am not convinced this is a sex-based division. Sadly, some of the most enthusiastic bullies are women. The motivation seems to be political.

This case is just one of a handful occurring across the state, all relatively recent, all deeply unjust. A new female councillor was elected. Perhaps unsurprisingly she did not see eye to eye with her Labor and Greens colleagues. Three years later, with no warning, she was charged with 17 conduct complaints by her political opponents. She was never approached to resolve matters formally or informally by these councillors or council staff. It was a deliberate and calculated ambush. Nor did mediation follow. An arbiter was immediately assigned whose politics, to be careful here, could reasonably give rise to the apprehension of bias. At the hearing she was disallowed legal representation and since the procedure was confidential could not discuss it with others.

How is this acceptable? It is downright intimidating. For an individual to be singled out and then feel unable to discuss the matter is shocking. The judgement reached was, I am told, not in line with the evidence of witnesses, yet I cannot judge this, as to date she has been unable to obtain a transcript – no warning, no mediation, a confidential process, no legal representation and apparently no transcript, the only remedy an appeal to the Supreme Court, obviously far beyond her means. The lack of natural justice is terrifying.

I feel enormously sad for this councillor. The system has been weaponised against her by those who wish to intimidate and silence her. It is victimisation – horrible, personal bullying dressed up as respectable procedure. It takes its toll. However right you may think you are, when everyone gangs up on you and you have no right of reply, when you are ordered to make an apology for doing absolutely nothing wrong, it is incredibly upsetting.

I do not argue that no councillor ever does anything wrong, that they never deserve investigation or censure, but the action I seek from the minister is an explanation of how the system should work and how the details of this distressing case I relate cannot actually be true. I sincerely hope there has been a mistake here, because this is abuse, and with the passage of Tuesday’s Local Government Amendment (Governance and Integrity) Bill 2024 we are making an even more potent weapon for bullies. I hope this case gives some context to my deep reservations about those changes.