Home›Questions on Notice›QoN 6471

❓ Mr Marmion questions the Minister regarding the legal basis for issuing a 'show cause notice' to the Town of Cambridge, following a Supreme Court judgement. The Minister confirms departmental and legal advice were sought, but declines to table the specific advice.

AnsweredQoN 6471Legislative Assembly

Asked

13 October 2020

Member

Mr W.R. Marmion

Portfolio

Local Government; Heritage; Culture and the Arts

QuestionView source ↗

I refer to the Supreme Court judgement by Justice Tottle in which he concluded that the Minister did not have a material basis to make an order to suspend the Town of Cambridge Council under section 8.15C(2) of the Local Government Act and that the consequence of suspending the Council would have been legally unreasonable, and ask: (a) what advice did you receive, and from whom did you receive that advice, which lead you to serve a "show cause notice" on the Town of Cambridge; (b) will the Minister table that advice in Parliament; (c) did the Minister seek legal advice before instigating the "show cause notice"; and (d) what advice has the Minister since received from the department, subsequent to Justice Tottle's judgement, in regard to the continuation of the current two year Inquiry into the Town of Cambridge and the outcome of the Supreme Court action by the Town of Cambridge?

AnswerView source ↗

Answered

19 November 2020

Responded by

Minister for Local Government; Heritage; Culture and the Arts

Response time

14 days

(a) The Department of Local Government Sport and Cultural Industries provided advice that supported the issue of the Show Cause Notice.
(b) No, the show cause is separate from a Report into the Town of Cambridge. The Report has been tabled in Parliament.
(c) Yes
(d) See part (b)

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