LawSense Dealing With Difficult Ratepayer & Community Behaviour NSW

Navigating Grey Areas & Challenges for Local Councils & Other Local Government Organisations

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Program

9.00      LawSense Welcome

9.05      Chairperson’s Introduction

Philip Stone, Chief Executive Officer, Edward River Council

Karina Ewer, Chief Executive Officer, Berrigan Shire Council

9.10      Implementing Best Practice Policies, Communications and Record-Keeping to Effectively Manage Complaints and Learning from Recent Council Experiences

• Examining effective polices in receiving, triaging, escalating and managing complaints
• Managing communications:
• when to phone, email or meet
  • dealing with requests by ratepayers to record communications or meetings
  • taking and distributing notes of meetings or other interactions
• Implementing effective record keeping to protect your legal position – understanding what you should record and who should be keeping notes of records
• Using “Without Prejudice” communications to try and negotiate an outcome without prejudicing your legal position
• Knowing when to get lawyers involved

New Policy Case Studies – How Have New Policies Implemented by Councils Worked?

• Examining new or significantly updated policies recently implemented by Councils. What aspects of the policies improved outcomes and what aspects needed to further work?

Brigid Clark, Principal, Macpherson Kelley Lawyers

10.10    Break

10.20    Dealing with Challenging Individuals: Examining Changing WHS Obligations

• Outlining your OHS obligations arising from unreasonable community conduct towards staff (lower-level conduct, online criticism, threats of violence, and everything between)
• Exploring the role of the “Code of Practice: Managing psychosocial hazards at work”
• Examining options to address unreasonable community conduct and the limitations on those options
• Clarifying the tension between WHS obligations and human rights
• Outlining legal options available to staff, and Council’s role in those proceedings or mediation processes

Kathryn Dent, Partner, HWL Ebsworth Lawyers

11.20    Break

11.35    Responding to Complaints to the OLG or Ombudsman and Dealing with Investigations

Powers and Role

• Understanding the role and powers of the OLG and the Ombudsman
• Examining how the OLG and the Ombudsman deals with complaints and decides to investigate or take further action

Responding and Protecting Your Legal Position

• Understanding your rights and obligations in responding to claims and requests for documents
• Dealing with investigations
• Making effective submissions

Vanessa Andersen, Partner, NSW State Government Sector Leader, Maddocks Lawyers

Rosemary Marando, Special Counsel, Maddocks Lawyers

12.35    Break

12.45   

GIPA Requests and Subpoenas: Managing Grey Areas and Objecting to Production

Subpoenas

• Examining key considerations in deciding to object to production of subpoenaed documents or information requested by other agencies
• Dealing with the subpoenaing party lawyers to reduce the scope of documents caught by the subpoena
• Understanding options to legally object to a subpoena
• What should be contained in your communication regarding your objection?

Responding to GIPA Act Requests

• Outlining key provisions in the Government Information (Public Access) Act 2009 (NSW) relevant to local govenment
• Examining the extent to which you are required to search for documents or information
• Understanding when you can decline to provide certain types of documents or information
• Dealing with a review of the decision not to provide certain documents

Breellen Warry, Partner, Maddocks Lawyers

Alessandro Cowley, Senior Associate, Maddocks Lawyers

1.40      Chairperson’s Conclusion

1.45      Event Close

Presenters / panelists include:

	Phil Stone brings with him more than 15 years’ experience at senior levels in local government in Victoria, NSW and Queensland. Phil’s local government career has seen improvement in service delivery including growth management, regulatory improvement and strong advocacy.
	Brigid Clark advises both public and private sector clients on the full spectrum of employment, industrial and work health and safety (WHS) matters. Brigid has extensive experience working with clients from a range of industries including the financial services, retail, construction, government and manufacturing industries. As a former prosecutor for WorkCover NSW, Brigid has a deep understanding of WHS law, and conducting workplace investigations, as well as advising on termination of employment, discrimination, bullying and harassment issues.
	Kathryn Dent has had extensive experience as a workplace relations lawyer for in excess of 25 years advising and representing many local government clients but also employers across a range of industries including banking and financial services including insurance, education, construction, real estate and property, hospitality and manufacturing in non-litigious as well as litigious labour and employment law matters.
	Vanessa Anderson has significant experience advising government and private clients on all aspects of the employment relationship. Vanessa acts for clients on workplace restructures, performance management, disciplinary issues, flexible working arrangements, confidentiality and restrictive covenants, independent contracting arrangements, management of ill and injured employees and termination of employment issues.
	Michael Winram is a leading public law, environment, planning, approvals, and land access lawyer who advises all levels of government, major utilities, energy companies, developers and other private entities. He leads the firm’s NSW Local Government practice and advises on local government governance, projects and powers of local councils. He is a leading administrative lawyer and advises on a wide range of environmental issues.

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