Sun 24 Feb 2008					REF:6121LbN1
						Y/R: A129170-07/887 Glen COLLEY
						RE: Child Protection in Sport
TO:	Garry PAYNE			cc	Federal and State MPs
	Director General			Concerned Parents
	DEP LOCAL GOVERNMENT		F: 	{61}(2) 4428-4199
	NEW SOUTH WALES

Dear Director General

	HAS YOUR DEPARTMENT COMPLIED WITH THE LAW ?

Thank you for your letter 07 Feb 2008 {Att A} received 18 Feb 2008 in
reply to our request for assistance to encourage Councils to respond 
to written and verbal questions.

A	State Government responsible for reviewing Councillor training
B	Mosman Council confirms Councillors not received training
C	Distressing incidents involving Local Councillors

A	STATE GOVERNMENT RESPONSBILE FOR REVIEWING COUNCILLOR TRAINING

Your letter states:

"Council are independent, locally elected autonomous bodies.  They have
rights and powers under the Local Government Act 1993 And they are 
ultimately accountable to their residents for their actions and the 
decisions they make".

However their actions and decisions are based on the training and advice 
they  the Councils and Councillors should receive from the NSW Department
of Local Government.

Surely Local Government Councils also have to comply with General Law and
observe their Legal Responsibilities ?  

The NSW Public pay their taxes to State Government to ensure that NSW 
State Government observes its Duty of Care to provide the correct advice 
and guidance to NSW Councils.

The current debacle in Wollongong seems to indicate that the NSW 
Department of Local Government is not providing the correct advice and
guidance to Councils and their Councillors.

Indeed we note from the Mosman Council minutes 05 Feb 2008 that 27 months 
(2 years) ago on 28 Nov 2005 your Department detailed 40 recommendations 
to Mosman Council under the "Local Government Reform Program - Promoting
Better Practice"{Att B}.

One of those recommendations was "All Mosman Councillors should attend
a Workshop to explain their Roles and Functions as Councillors".  

B	MOSMAN COUNCIL CONFIRMS THAT COUNCILLORS HAVE NO TRAINING

The Mosman General Manager states in his report :

1 	In late Nov 2007 the NSW Department of Local Government wrote 
	"Council is no longer required to provided further progress 
	reports on the implementation of the remaining recommendations.

2 	For the information of the Councillors it is advised that the 
	only outstanding matters relate to the recommendations under 
	the headings "Workforce Relations" and "Strategic" - Council 
	should arrange a workshop for ALL Councillors on their roles 
	and functions"

3 	The Council's recently issued 2006/2007 annual report notes
	that no training was delivered to Councillors during the 
	relevant period"

C	DISTRESSING INCIDENTS INVOLVING LOCAL COUNCILLORS

Unfortunately there was a very distressful incident involving one of
the Mosman Councillors last week Wed 13 Feb 2008 that may have been 
prevented if the Councillors had participated in a training workshop.

Please find attached a letter to the Mayor about a Statutory 
Declaration involving one of Mosman's Councillors. {Att C}

NEXT STEPS

If the NSW Department of Local Government is not prepared to assist 
the Councils to understand that Councillors do have a Duty to try to 
understand and resolve Resident issues, then we may have to issue a 
"Writ of Mandamus" on this critical issue representing NSW Parents 
and Ratepayers.

Yours sincerely		Att	A	2008/02/14 - Mosman Daily
					"Council Staff Audit is overdue"
				B	2008/02/05 - Gen Manager
Peter AXTENS				Report "Promoting Better 
Compliance Officer			Practice" - MOSPLAN 01.03.06
KSAS-NSW			C	2008/02/14 - Ltr Mayor re Stat 
M: 0416-009-468				Declaration re a Councillor