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Published: Monday, 16 March 2026 14:33
Our July 2025 issue announced a new bullying jurisdiction introduced into the Industrial Relations Act. While it is of general application in the workplace, it more importantly provides for the prosecution of councillors - and not before time.
Over the years, depa members have imposed bans on councillors who have publicly and inappropriately criticised or abused them, we’ve had industrial disputes about it, we’ve sought apologies and obtained them. The significance of the new jurisdiction is that it can make orders to stop bullying, and if they are not complied with, substantial financial penalties - up to $18,000 for an individual. At last, some teeth in dealing with councillor bullies and unreasonable behaviour.
On 19 February we filed the first application for a Stop Bullying Order in local government against councillor Andrew Thaler at Snowy Monaro Regional Council.
Described by the SMH as a “ratbag broadcaster and scrapyard owner” and both a ”serial pest” and a ”town pest”; the ABC reported his behaviour as “bullying, harassment, intimidation, overbearing and abuse of power”; the Office of Local Government/Department of Planning found multiple examples of misconduct which was “targeted and intentional misconduct”; The Minister for Local Government Ron Hoenig observed “grubs feed on the oxygen and notoriety of publicity” and issued a Performance Improvement Order aimed at improving his behaviour; the Federal Minister for Local Government and Federal member for Eden Monaro Kristy McBain worried about the consequences “if we allow thugs to scare off good candidates”.
The ABC reported Monaro Labor MP Steve Whan had spoken directly to Thaler “about the concerns about the government and the Snowy Mountains community” and said “I share the concern the community has, and I personally sent to this councillor that you do not get any results by being abusive, by treating people disrespectfully and that has to cease. I know that is the message, which has been given very strongly on this, and it cannot be tolerated”. Whan supported “other councillors and other members of the community to go about having discussions about issues without being subject to denigration or abuse or to feel physically threatened”. NCAT has found he engaged in bullying behaviour to a fellow councillor as well as comments which were “grossly and inexcusably offensive about an NDIS recipient“.
NSW Nationals MLC Nicole Overall criticised the lack of action from the Minister claiming Thaler was “flagrantly violating” the Minister’s PIO and told Parliament Thaler’s behaviour “is an attack on the integrity of local governance itself” and "there is no alternative but to act immediately”. He was banned from Council buildings in 2018 for the wellbeing and safety of staff, a ban that was lifted only in 2024 when he was elected as a councillor. He has been banned from local businesses and the Country Women’s Association premises.
Appointed as a councillor with 111 primary votes in 2024, Thaler’s behaviour has resulted in dozens of complaints, from staff, other councillors and prominent locals - the overwhelming majority of whom are women. He has been suspended twice.
While the case is called the Development and Environmental Professionals’ Association V Cr Andrew Thaler, it’s the union acting on behalf of our member, CEO of Snowy Monaro Regional Council, Noreen Vu.
Our action is a significant step in defending general managers and other staff against the sort of unreasonable behaviour Thaler wallows in.
There have been multiple complaints to OLG, resulting in suspensions, all of which are met with hostility and abuse, particularly from his social media presence, and a propensity to appeal everything.
The application was listed before Commissioner Muir in the Industrial Relations Commission and came on for Conciliation and Orders on 9 March. depa as the applicant, represented by our long-time barrister, Ian Latham, the Council has been listed as a respondent and has their lawyers, and Thaler had two lawyers representing him.
Here are the details - they are all interesting reading:
Our application for the Anti-Bullying Order, examples of the appalling behaviour and the remedy sought.
A response by the Council as a respondent detailing the actions that have been taken by the Council, the Office of Local Government, and the suspensions.
And a response by Thaler.
Thaler’s response included a challenge to the jurisdiction, and the Commission set a timetable for the parties to prepare written submissions. Thaler is required to have his argument filed by 23 March, and the applicant by 30 March, with a formal hearing on Wednesday 8 April. A decision is expected that afternoon.
And that will make a very interesting story for the April depaNews.
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Published: Tuesday, 17 February 2026 16:36
The brutal treatment handed out to the former GM of Parramatta, aided and abetted by grubby local media, has brought things to a head. It’s time to provide better protection for General Managers.
It may have taken decades, but senior staff have better protection after removing the concept of senior staff from the Local Government Act and employing those people under the Local Government State Award or local Enterprise Agreements, where they apply. And having access to the Industrial Relations Commission for Unfair Dismissal.
When the senior staff legislation was introduced into the Legislative Assembly, everything was very celebratory and in a casual lunch in Parliament House we discovered what has to be the best kept secret in local government. The Minister for Local Government Ron Hoenig announced he had always thought General Managers should be better protected.
We emailed the Office of Local Government to have this issue discussed by the next meeting of the Employment Matters Reference Group, an employment group established by the Office at the time of the mergers to deal with employment considerations which found that there were good reasons for it to continue.
Amongst other things, we said:
Our Committee of Management unanimously resolved at their last meeting on 20 November:
Following the termination of the General Manager at Parramatta City, Gail Connolly, as a result of political battles amongst councillors, depa resolves to take all steps, starting with an approach to OLG and the Minister for Local Government, to achieve consensus that it’s time to be extending protections now available to former senior staff, to general managers.
I know that we have discussed this in the past and LGNSW has had little appetite for curtailing the rights of their members to remove general managers for a variety of reasons (or none at all, meaning that there was a reason but it couldn't be published) but you never know your luck.
We've always taken the view that if there isn't consensus on extending the senior staff provisions to General Managers, then making the "no reason" termination provision something significantly more than 38 weeks, would assist in putting a stop to these practices. Or at the very least make councillors think more financially responsibly about the cost, and the risk of public/political humiliation.
65 weeks sounds like a reasonable compromise.
Unfortunately, despite our best intentions, I was in the IRC at the time of the meeting, and the Committee hasn’t met since. Maybe it was our suggestion that the current 38 weeks exit payment “for any reason”, should five weeks become 65 weeks that has struck them dumb. That amount of money should make councillors spend a bit more time contemplating the departure of the GM.
