Kiama has developed a troubling habit of dealing with uncomfortable truths by going after the people who raise them.
It predates the current council. During the previous term, Code of Conduct complaints became part of the conflict between councillors, raising questions about whether processes designed to uphold standards were being used to discourage dissent.
Someone speaks out. A complaint follows. Someone challenges a censure decision, takes the matter to the Supreme Court and wins.
In July 2024, that same councillor was among three referred to ICAC by the council’s CEO, just two months before the September 2024 local government elections. The three councillors denied wrongdoing. The CEO maintained that the referrals were required under Section 11 of the ICAC Act.
The timing prompted questions about the use of ICAC referrals ahead of an election. ICAC Commissioner John Hatzistergos had previously warned against using referrals for political advantage.
Meanwhile, ratepayers faced legal costs exceeding $400,000 from the Supreme Court dispute, with the council also ordered to pay the councillor’s legal fees.
What did any of this achieve for the people of Kiama? The consequences extend beyond legal bills. Councillors become wary of one another. Decisions risk becoming defensive. Time and energy that should be spent serving the community are consumed by disputes over who said what, who complained and who should be held responsible.
We have changed councils. I am still waiting to see convincing evidence that we have changed the culture.
The responsibility for establishing a culture of accountability extends beyond elected councillors to the council’s executive leadership. That brings us to Kiama Council’s CEO.
Meet Jane Frawley who was previously known as Jane Stroud. Before arriving in Kiama in 2021, she held senior positions at Logan City Council in Queensland. Her time there coincided with a period of serious controversy involving the council’s former mayor, Luke Smith.
In March 2023, the ABC reported that Smith had received a suspended sentence after pleading guilty to offences involving secret commissions, disclosure obligations and misconduct in public office.
One of those offences concerned his interference in the recruitment process for a senior council position.
The candidate was Jane Frawley.
The court heard that Smith had misused his position to favour his preferred candidate. It also heard that Frawley had the appropriate qualifications and experience, and that the three-person interview panel had unanimously supported her appointment.
Frawley was never charged with an offence in relation to the matter. It was the mayor’s interference in her recruitment process that resulted in a misconduct conviction.
Frawley previously worked at a council where serious governance failures ultimately led to criminal proceedings. Against that background, the way Kiama Council responds to disagreement and scrutiny warrants close examination.
Residents should be able to question their council without fearing that legitimate disagreement will escalate into expensive legal disputes. They should also be confident that complaints, investigations and referrals are handled fairly, consistently and with proper regard for the public interest.
Kiama has spent considerable time and money dealing with internal conflict.
The measure of good governance is how a council responds when its decisions are challenged.
Residents have every reason to expect better.
Where can residents turn when accountability fails?
If you’ve ever tried to raise concerns about local government, you’ll know that finding the right organisation to listen can be an exercise in patience.
There are several avenues available, although each has different responsibilities and limits on what it can investigate.
Office of Local Government (OLG)
The OLG oversees aspects of the NSW local government system and deals with certain complaints about councils. Most complaints should first be raised directly with the council concerned. The OLG also explains which matters fall within the responsibilities of other agencies.
NSW Ombudsman
The Ombudsman can investigate complaints about how NSW councils administer services, follow procedures and treat members of the public. You can complain directly to the Ombudsman, generally after giving the council an opportunity to resolve the issue.
Independent Commission Against Corruption (ICAC)
ICAC investigates and works to prevent corrupt conduct involving NSW public officials, including those in local government.
Anyone can report suspected corrupt conduct. An ICAC referral does not establish that corruption occurred, and not every allegation results in an investigation.
How and what to report to ICAC
Email: icac@icac.nsw.gov.au
Your local MP
Your state MP can raise concerns with ministers, seek explanations and advocate for improvements to government oversight. MPs do not have the power to overturn council decisions themselves.
The Listening Tree
And when every avenue has been exhausted, there’s always the Listening Tree. No complaint forms. No reference numbers. No automated acknowledgement thanking you for your patience.
The tree may not be able to fix council governance, although at least it won’t interrupt you.
