Latest news with #NCAT

ABC News
17 hours ago
- Politics
- ABC News
Snowy Monaro councillor Andrew Thaler suspended for second time over alleged misconduct
A Snowy Monaro councillor has been given another period of suspension without pay from local government over more alleged breaches of conduct. The Office of Local Government handed Andrew Thaler an additional three-month ban to begin the day before he was due to return to his Snowy Monaro Regional Council role. Office of Local Government deputy secretary Brett Whitworth signed a report into Cr Thaler's alleged breaches of the Local Government Act on July 28. The report referred to publicly available comments Cr Thaler made on social media and in online videos between March 12 and 30. Mr Whitworth said Cr Thaler's comments were directed at council staff and members of the public and "appear to be targeted and intentional". The report stated Cr Thaler's recent submissions about his conduct "indicate a lack of insight into the inappropriateness" of his behaviour. It claimed he did not express remorse for his actions and found his misconduct "very funny". Cr Thaler has been ordered to apologise for his "sufficiently serious" actions. It comes after Cr Thaler was suspended in May for three months over similar breaches committed in March, which was due to end on August 5. According to the Local Government Act 1993, a councillor can be disqualified from holding civic office for five years if they are handed three suspension orders. In June, Cr Thaler failed in an attempt to appeal the first suspension in the New South Wales Civil and Administrative Tribunal (NCAT). Cr Thaler said he would appeal against the decision to ban him for a further three months. "It's lawfare, it's unlawful and it's unreasonable," he said. He claimed his ban was an attack on democracy. "It's part of a broader agenda to remove councillors from council because councillors are seen as an impediment to the political agenda," he said. "I think I've proven myself in battle, as it were, so I'm not going to back down. I'm not the kind of guy you play chicken with." In the investigation report published on July 28, the Office of Local Government said it had the option to refer the matter to the NCAT, which could disqualify Cr Thaler from local government for up to five years. Mr Whitworth said the three-month suspension and an apology would suffice. "It enables immediate action to be taken to address the work health and safety concerns arising from Cr Thaler's conduct, particularly in relation to the councillors who were the specific targets of the comments," the report read. Cr Thaler was elected as a representative for the Snowy Monaro Regional Council last year and ran as an independent candidate at the 2025 federal election, gaining about 2,000 votes. He is not allowed to exercise any of his duties and rights as a councillor during the suspension period, which will now end on November 4.


Daily Mail
2 days ago
- Health
- Daily Mail
A tenant claims a very common problem in her rental has left her sick... now she's taking the fight to her landlord: 'I'm living in a zoo'
A tenant claims she has been left with severe health problems because of the mould in her rental as she prepares to take her landlord to the regulatory tribunal. Ksenia Pavlovskaya, 43, moved to Australia from Russia to study at the Australian Institute of Fitness and work in wellness nine years ago. She moved into a granny flat at North Curl Curl, on Sydney 's leafy Northern Beaches, in 2022 where she planned to raise her 15-year-old son. Ms Pavlovskaya claims that in January this year, her son noticed his mattress and bedroom in the back of the property was beginning to grow mould. 'The smell was so horrible inside. It was already like a swamp,' she told Daily Mail Australia. 'My son's bedroom was affected the most, like he noticed it first. He started telling me the carpet smells. It's hard to breathe.' Ms Pavlovskaya's son then moved to live with his father, who now receives child support from the personal trainer. The mother revealed that she was diagnosed five months later with an illness potentially related to mould. The horrifying diagnosis has prompted her to take her landlord to the NSW Civil and Administrative Tribunal (NCAT). The 43-year-old has suffered fatigue, coughing, chest pain, and anxiety since the beginning of the year. 'Usually, I'm the one who wakes up at 5am, and it's been easy for me, but not any more, because of my situation,' Ms Pavlovskaya said. 'When I started to feel low energy and getting sick, my income dropped because I could not perform the same amount of physical work.' Ms Pavlovskaya said she raised the issue in January with the property manager and her landlord - who lives in the main residence of the Curl Curl property. She claimed she was told to simply open the windows, which has not helped at all, as the mould has since spread to the ceilings, furniture, and air conditioning unit. Ms Pavlovskaya said she believed the mould issue stemmed from the flat's porous sandstone foundation and shaded position at the back of the property. Inside, she said the granny flat resembles a 'zoo' with ants everywhere and a 'musty', 'boggy' aroma. The 43-year-old (above) has suffered fatigue, coughing, chest pain and anxiety since the beginning of the year Ms Pavlovskaya went to the doctor in June, who linked her symptoms and critically low ferritin levels to mould exposure. Further battles with the homeowner then led to an anxiety diagnosis. 'Whenever I politely ask them, they always try to tell me that everything is my fault.' 'They always try to tell me, "We've done so many things for you." But they didn't fix the issue. The issue is still here.' Ms Pavlovskaya said patch fixes, including 'fogging', done after moisture is removed, and a cleaning company's efforts to 'wipe away' the mould were ineffective. She said the $780-per-week flat was not fitted with adequate ventilation or preventative features, including a fan underneath the property and dehumidifier, which Ms Pavlovskaya claimed were only provided recently. Ms Pavlovskaya was offered the option to move out of the flat and the landlord would waive the fee for breaking the lease. Instead, she has decided to pursue the landlord and property manager not only for herself, but for other renters who find themselves in similar situations in Sydney. 'I would like to achieve justice because I see that this is a big issue,' she said. 'So many of them are suffering, but they're scared to speak up. They don't want to go to tribunal because they think the landlord will screw them. 'But if they see I was able to protect myself, maybe they will speak up when they have a problem.' The ordeal has shocked even friends who are living overseas. 'Everyone is telling me, "I can't believe this is happening to you. Oh, my God, I can't believe this happening in Australia." 'It's the type of thing to happen somewhere in Russia,' she said. Daily Mail Australia contacted the landlord and homeowner for comment. The homeowner declined to comment ahead of the NCAT hearing, but said 'there are always two sides to every story'. The parties will head to mediation on Tuesday.


West Australian
22-07-2025
- Politics
- West Australian
Latham hears of tweet fallout via video link
Mark Latham had to beam into a courtroom via videolink because of a knee injury as a tribunal was told fellow MP Alex Greenwich's office received a 'barrage' of hateful and threatening messages in the wake of a graphic tweet by the ex-Labor leader. The former Labor leader has faced days of controversy following allegations he abused his former partner, Nathalie Matthews, and sent her sexual messages from the parliament chamber. The member of the NSW upper house has strenuously denied Ms Matthews' allegations, which are untested and contained in an application for an apprehended violence order (AVO) filed in the local court. He not been charged with any criminal offence. Mr Latham's injury was revealed in the NSW Civil and Administrative Tribunal on Tuesday. Greenwich, an independent Sydney MP, has brought NCAT proceedings against the maverick MP, alleging he was subjected to homosexual vilification and workplace sexual harassment over a graphic tweet by Mr Latham. Mr Latham, through his solicitor Zali Burrows, is contesting the case. Mr Latham did not appear before the tribunal in Sydney on Tuesday, with Ms Burrows telling the court that he had a fractured knee and could not travel. Instead he beamed into the courtroom via video link. The NCAT case is centred on a tweet by Latham, as well as comments made by the former One Nation MP in newspaper and radio interviews. The same tweet was the subject of Federal Court defamation proceedings in which Latham was ordered to pay $140,000 to Greenwich. Federal Court Justice David O'Callaghan ruled in favour of Greenwich during the defamation proceedings, finding that the tweet conveyed the meaning that Greenwich 'engaged in disgusting sexual activities' and that it was defamatory. He also rejected Latham's defence of honest opinion and qualified common law privilege. Greenwich has now launched NCAT proceedings against Latham and his counsel has argued that each of the statements amounted to unlawful homosexual vilification and sexual harassment and that Latham breached the Anti-Discrimination Act. Alexander Graham, who works in Mr Greenwich's office as an electorate officer, told the tribunal the office was inundated with messages in the wake of the Latham tweet. Under cross examination from Ms Burrows, he was asked if Greenwich's office received negative communications at other times, including during the anti-abortion bill debate. Mr Graham said while Greenwich's office did receive letters and emails from people disagreeing with the amendments there wasn't anything 'directly disparaging of Alex'. He told the court the only time he could recall police being called was as a result of the fallout from the Latham tweet. The tribunal heard that some of the abusive calls came from private numbers. 'The abusive phone calls from private numbers, you cannot ascertain they were from genuine haters,' Ms Burrows asked. Greenwich's barrister Prue Bindon objected to the question. Mr Graham later told the tribunal the office received a 'barrage' of hateful letters, emails and phone calls. He said some were written with letters which had been cut from magazines and newspapers. 'There were ones that directly threatened Alex … talking about throwing homosexuals off the bluff,' Mr Graham said. He described some of the communications as 'bizarre' and 'threatening' and that Greenwich's staff began using gloves to open mail. Ms Bindon previously told the tribunal the elements of homophobic vilification alleged in the case hinge on the public act, claiming Latham's comments had incited hatred, contempt or severe ridicule. She said the sexual harassment allegations were in relation to unwelcome conduct of a sexual nature in circumstances where a reasonable person would've anticipated it to cause humiliation or intimidation. Ms Bindon also previously said she anticipated the defence would claim Greenwich's reputation was to some extent not damaged. The matter will return to court next month. The hearing followed Labor deciding to keep his portrait in the Labor's Parliament House party room with a note saying he was 'banned for life' from the party in 2017.


Perth Now
22-07-2025
- Politics
- Perth Now
Fresh pain for Latham after sexting scandal
Mark Latham had to beam into a courtroom via videolink because of a knee injury as a tribunal was told fellow MP Alex Greenwich's office received a 'barrage' of hateful and threatening messages in the wake of a graphic tweet by the ex-Labor leader. The former Labor leader has faced days of controversy following allegations he abused his former partner, Nathalie Matthews, and sent her sexual messages from the parliament chamber. The member of the NSW upper house has strenuously denied Ms Matthews' allegations, which are untested and contained in an application for an apprehended violence order (AVO) filed in the local court. He not been charged with any criminal offence. Mr Latham's injury was revealed in the NSW Civil and Administrative Tribunal on Tuesday. Greenwich, an independent Sydney MP, has brought NCAT proceedings against the maverick MP, alleging he was subjected to homosexual vilification and workplace sexual harassment over a graphic tweet by Mr Latham. Mr Latham, through his solicitor Zali Burrows, is contesting the case. Mr Latham did not appear before the tribunal in Sydney on Tuesday, with Ms Burrows telling the court that he had a fractured knee and could not travel. Instead he beamed into the courtroom via video link. Mark Latham. NewsWire/Monique Harmer. Credit: News Corp Australia Alex Greenwich. NewsWire/Christian Gilles. Credit: News Corp Australia The NCAT case is centred on a tweet by Latham, as well as comments made by the former One Nation MP in newspaper and radio interviews. The same tweet was the subject of Federal Court defamation proceedings in which Latham was ordered to pay $140,000 to Greenwich. Federal Court Justice David O'Callaghan ruled in favour of Greenwich during the defamation proceedings, finding that the tweet conveyed the meaning that Greenwich 'engaged in disgusting sexual activities' and that it was defamatory. He also rejected Latham's defence of honest opinion and qualified common law privilege. Greenwich has now launched NCAT proceedings against Latham and his counsel has argued that each of the statements amounted to unlawful homosexual vilification and sexual harassment and that Latham breached the Anti-Discrimination Act. Alexander Graham, who works in Mr Greenwich's office as an electorate officer, told the tribunal the office was inundated with messages in the wake of the Latham tweet. Under cross examination from Ms Burrows, he was asked if Greenwich's office received negative communications at other times, including during the anti-abortion bill debate. Mr Graham said while Greenwich's office did receive letters and emails from people disagreeing with the amendments there wasn't anything 'directly disparaging of Alex'. Mark Latham. NewsWire/ Jeremy Piper. Credit: News Corp Australia He told the court the only time he could recall police being called was as a result of the fallout from the Latham tweet. The tribunal heard that some of the abusive calls came from private numbers. 'The abusive phone calls from private numbers, you cannot ascertain they were from genuine haters,' Ms Burrows asked. Greenwich's barrister Prue Bindon objected to the question. Mr Graham later told the tribunal the office received a 'barrage' of hateful letters, emails and phone calls. He said some were written with letters which had been cut from magazines and newspapers. 'There were ones that directly threatened Alex … talking about throwing homosexuals off the bluff,' Mr Graham said. He described some of the communications as 'bizarre' and 'threatening' and that Greenwich's staff began using gloves to open mail. Ms Bindon previously told the tribunal the elements of homophobic vilification alleged in the case hinge on the public act, claiming Latham's comments had incited hatred, contempt or severe ridicule. She said the sexual harassment allegations were in relation to unwelcome conduct of a sexual nature in circumstances where a reasonable person would've anticipated it to cause humiliation or intimidation. Ms Bindon also previously said she anticipated the defence would claim Greenwich's reputation was to some extent not damaged. The matter will return to court next month. The hearing followed Labor deciding to keep his portrait in the Labor's Parliament House party room with a note saying he was 'banned for life' from the party in 2017.

ABC News
02-07-2025
- Health
- ABC News
Man who died after leaving NSW hospital 'overlooked' by public guardian, inquest hears
A man who died from internal bleeding after discharging himself from a New South Wales hospital was "overlooked" by the public guardian, an inquest has heard. Raymond Wheatley was found dead in his Wagga Wagga home on December 6, 2021, a week after he was admitted to the local hospital with low haemoglobin levels, anaemia and internal bleeding. The 54-year-old was given three blood transfusions before he felt better and wanted to go home to get cigarettes and a jacket. The three-day inquest heard that in 2020 Mr Wheatley was put under a public guardianship appointed by the NSW Civil and Administrative Tribunal (NCAT) to make lifestyle, health and medical decisions for him. On Wednesday the inquest heard from Vicky Elliott, who was the NSW Public Guardian's southern regional manager at the time of Mr Wheatley's death. She told the inquest that Mr Wheatley had been assigned a guardian in 2020, but when that person changed roles a year later his case was not reassigned and was instead managed by the team as a whole. Counsel assisting the coroner, Gillian Mahony, told the inquest the public guardian made key decisions about Mr Wheatley's life, including consenting to a key-box and key being outside his home and NDIS requests, without consulting him "in respect to any of those decisions". Ms Mahony asked Ms Elliot if there was a communication breakdown with Mr Wheatley, given the "minimum attention" he received. "It's possible his file could have been overlooked or there was some miscommunication," Ms Elliot responded. Earlier the inquest heard from Louise Gabauer, who was the emergency registrar at Wagga Wagga Base Hospital at the time. She told the inquest she called the public guardian to discuss whether the hospital had "any provision to detain" Mr Wheatley. Dr Gabauer was told that the public guardian and hospital staff did not have the right to keep him there without his consent. The inquest also heard that hospital staff contacted NCAT for a review of Mr Wheatley's public guardianship, but that did not happen. Dr Gabauer said she conducted what she called a "capacity assessment" while speaking to Mr Wheatley outside the hospital. She told the inquest she believed he was "lucid" and "logical", but told Mr Wheatley it was essential he return to hospital. "There's a chance that you could die if you leave," the inquest heard she told him. The public guardian formerly assigned directly to Mr Wheatley and two other witnesses were expected at the inquest today. Family statements were also expected to be tendered, but Ms Mahony told the inquest more time was needed before other witnesses were heard from. The inquest has adjourned until August.