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NSW Court Quashes Parramatta Councillor’s Censure Over Eels Deal Probe

The judge ruled the conduct investigation was tainted by bias, withheld documents, improper staff interference, with procedural fairness denied.

Overview

  • Acting Justice Monika Schmidt overturned the City of Parramatta’s censure of Councillor Kellie Darley and invalidated the conduct review by independent investigator Phil O’Toole.
  • The court found the council’s complaints coordinator intervened in the drafting and recommendations of the review, undermining the reviewer’s independence.
  • General manager Gail Connolly withheld key attachments from councillors before the censure vote, contrary to requirements under the Local Government Act.
  • The judgment said the council was wrong to defend its compromised decision in court, with orders on Darley’s legal costs to be determined at a later hearing.
  • Darley welcomed the ruling as vindication after posts about a Parramatta Eels partnership approved at $1.1 million and reported internally up to $2.4 million, while the council said it is reviewing the decision.