This proceeding concerned an application for judicial review, pursuant to the Judicial Review Act 1991 (Qld), of a decision by the Independent Assessor made under s 150W(1)(c) of the Local Government Act 2009 (Qld) to make an application to the Councillor Conduct Tribunal. The applicant submitted that the Independent Assessor failed to take a mandatory relevant consideration into account, namely submissions made by the applicant.
The application for review was dismissed. Muir J was not satisfied that Independent Assessor had failed to adequately consider the applicant’s submissions. Further, her Honour dismissed the submission that any failure to consider the applicant’s submissions was sufficiently material.
Oliver Cook (with S Keim SC) appeared for the first respondent, instructed by the Office of the Independent Assessor.
The judgment is published here.
