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Waverley Council verses Public Accountability - Part Two
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On December 10th 2002, Waverley Council approved the alteration and extension of the former Danny's Seafood Restaurant, now known as the Beach Cafe and Bar at the historic Bondi Pavilion at Bondi Beach. The proposal was rejected unanimously by the community as it posed a very real threat of causing severe damage not only to the structure of the building, but also to the symmetry of the building. The approved proposal will also effectively hide the unique architectural design of the Pavilion. The proposal would have been defeated if the Liberal member for the Hunter Ward, Cr. Sally Betts did not cross the floor and support the proposal with Labor, betraying not only her fellow Liberal Councillors, but also the community. Cr. Paul Pearce, the incumbent mayor used an irrevelant act during the meeting, for what purpose, is still a mystery unless the mayor explains the purpose. What the irrevelant act did reveal was very concerning that Councillors can still cast a vote even though they may have a pecuniary interest in the subject before them. This particular clause is highlighted. The act used at Council is part of the Local Government Act 1993 - Section 374, it reads: -
Certain circumstances do not invalidate council decisions

374. Certain circumstances do not invalidate council decisions

Proceedings at a meeting of a council or a council committee are not invalidated because of:

(a) a vacancy in a civic office, or

(b) a failure to give notice of the meeting to any councillor or committee member, or

(c) any defect in the election or appointment of a councillor or committee member, or

(d) a failure of a councillor or a committee member to disclose a pecuniary interest, or to refrain from the consideration or discussion of, or vote on, the relevant matter, at a council or committee meeting in accordance with section 451, or

(e) a failure to comply with the code of meeting practice.

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