The Commissioner of the Public Inquiry into Central Coast Council, Roslyn McCulloch, outlined her limited powers when the first day of hearings began this week.
The Commissioner’s opening remarks were made public by transcript, on day two of the hearings, after the opening day was unable to be livestreamed due to technical difficulties.
Both day one and day two hearings were adjourned due to the inability to get the live stream working on YouTube.
But on day one at least, the hearing continued in private, meaning the evidence of suspended Mayor Lisa Matthews was not live or public.
In her opening remarks, McCulloch outlined the terms of reference.
“A public inquiry such as this can only make recommendations to the Minister,” McCulloch said.
The Minister for Local Government Shelley Hancock appointed Ms McCulloch.
McCulloch said no recommendations that might be made would be binding on the Minister.
“The inquiry itself cannot implement any recommendations it might make,” she said.
“Any findings of fact that are ultimately made are expressions of opinion and bind no-one.”
The Commissioner then went on to say the inquiry was public in nature, and “active community and interested group participation is encouraged”.
She explained she had declined to make the 104 submissions public for legal reasons that some submissions included untested assertions.
“Interested parties may, on application, see the submissions, with the exception of those whose authors requested anonymity,” she said.
She addressed criticism that the terms of reference were too narrow.
“Some …. were concerned that by focusing on decisions of the governing body since 2017, important pre-existing conditions and earlier decisions made by persons other than the governing body would not be examined as part of the Inquiry,” McCulloch said.
“Those conditions and earlier decisions form part of the factual matrix within which the governing body made its decisions since 2017.
“The inquiry will need to have regard to that factual matrix in order to properly evaluate the decisions of the governing body since 2017.”
A total of 50 people are scheduled to give evidence over 13 sitting days.
The Comissioner outlined the procedure after the closure of the sitting days.
That would include a “short period of time” for submissions in reply to be made.
Then a report will be delivered to the Local Government Minister who will table it before both houses of Parliament, before deciding on her course of action.
“That action could be the dismissal of the council, or the termination of the suspension of the council, or, in either case, the issue of a performance improvement order which may include the appointment of a financial controller,” she said.
“I can assure the public and the Councillors that I am coming to this inquiry with an open mind and a clear purpose to make findings of relevant facts to enable appropriate recommendations to be made to the minister, having regard to the terms of reference.”
Merilyn Vale