Category: Newcastle News

Today, as a consequence of a negotiated outcome, the NSW Court of Appeal upheld part of City of Newcastle’s (CN) appeal regarding the termination of Jill Gaynor’s employment.
The appeal was upheld in relation to an important aspect of what CN argued was a significant error in the District Court’s decision last year. In short, the Court today confirmed CN had a lawful right to terminate Ms Gaynor’s employment and reduced the damages payable to her. Further, error was also acknowledged with respect to the judge of the District Court who heard this matter in that he failed to have regard to CN’s evidence which gave rise to CN’s right to terminate Ms Gaynor’s employment.
CN took the view in 2018, following an extensive independent review, that Ms Gaynor’s conduct in managing Business Improvement Associations (BIAs) was not to the standard required, and made the decision to terminate her employment accordingly.
This decision to terminate Ms Gaynor’s employment was, in part, as a consequence of Ms Gaynor, between 2015 and 2018, approving the release of significant amounts of Special Business Rate funding to Newcastle Now despite the absence of a Business Plan at any time during the 3 years.
Financial statements provided by Newcastle Now for the period 2015/16 to 2017/18 reveal that the BIA spent $1,384,488.95 on wages and a further $287,799.70 on administration, representing 56% of its total income. Such expenditure was never the purpose of the Special Purpose Levy.
CN sets a high standard for its senior staff, especially in ensuring public money is administered appropriately and as required by law. Today’s outcome in the Court of Appeal confirmed CN’s right to bring Ms Gaynor’s employment to an end prior to the completion of her senior staff contract term.
CN takes very seriously its obligations to ratepayers with respect to accounting for levied funds and their divestment. Compliance with the Local Government Act 1993 (NSW) was at the very core of CN’s concern with the District Court decision, and the reason it pursued this matter to the Court of Appeal.
Following the termination of Ms Gaynor’s employment and, in light of the above, CN has taken significant steps to ensure its processes regarding the expenditure of ratepayer funds are transparent and accountable. CN looks forward to the continued successful management of its new BIA structure and notes the many fruitful projects already delivered across the Local Government Area, as well as the Hamilton BIA being awarded the 2021 Community Group of the Year.

Following is a summary of resolutions from the Ordinary Council meeting of Tuesday 23 March 2021. NB: it is not a full record of resolutions.
Lord Mayoral Minutes
Support for a Royal Commission into Veteran Suicide
A Lord Mayoral Minute (LMM) was supported noting that a motion to establish a Royal Commission into Veteran Suicide passed the House of Representatives on Monday, 22 March 2021, with the Federal Parliamentary Labor Party calling for a Royal Commission since December 2019.
The LMM called for Council to support the Leader of the Opposition, the Hon. Anthony Albanese MP, and the Federal Parliamentary Labor Party’s calls for the Prime Minister, the Hon. Scott Morrison MP, to listen to veterans and advocates, the will of the Australian Parliament, and establish a Royal Commission into Veteran Suicide immediately.
The carried LMM called for council to write to the Leader of the Opposition, the Hon. Anthony Albanese MP, thanking the Federal Opposition for their ongoing advocacy to establish a Royal Commission in Veteran Suicide. In addition, the minute called for council to write to the Prime Minister, the Hon. Scott Morrison MP, calling on the Australian Government to immediately establish a Royal Commission into Veteran Suicide.
New Annual Facts
A Lord Mayoral Minute, which was supported, called for Cr John Church to retract his factually incorrect letter in the Newcastle Herald, noting that Cr Church cannot both support the arts industry in this city and congratulate the artists and organisers of New Annual, while misrepresenting festival attendance figures and opposing funding for the amazing creative and performing arts industries in Newcastle.
TRANSform Newy
A Lord Mayoral Minute, which was supported, congratulated Hunter Gender Alliance, who were successful in receiving a Boost Your Place Grant for their TRANSform Newy initiative. The project aims at improving the rights, health and lives of trans and gender diverse (TGD) people, with a resource booklet with personal experiences and practical tips to help organisations TRANSform their places into a welcoming and safe environment for all.
The LMM asked council to take the TRANSform Newy Pledge, and commit to work with the Hunter Gender Alliance to implement positive changes for TGD people in Newcastle.
In addition, the minute called for City of Newcastle to publish the pledge on its website, with a copy of the TRANSform Newy resource booklet.
Racism Not Welcome Campaign
A Lord Mayoral Minute (LMM) was carried to support the ‘Racism Not Welcome’ campaign, as recently endorsed by the City of Sydney and Inner West Council, and headed up by former Socceroos Captain, SBS commentator and human rights campaigner, Craig Foster.
The minute acknowledged Newcastle’s long and proud history as a progressive, welcoming city, including its official status as a Refugee Welcome Zone, and consistent advocacy as a local government leader when it comes to providing support for refugees and migrants settling in Newcastle.
The LMM will explore partnership opportunities with local multicultural organisations and peak bodies as well as grant funding opportunities to support the delivery of the campaign; and asks for the promotion of the ‘Racism Not Welcome’ campaign on City of Newcastle’s website, social media channels and in communication material.
Ordinary Business
Administration of 2021 Council Elections
Councillors voted to determine arrangements for the administration of the Local Government election in the Newcastle Local Government Area on 4 September 2021.
Appointment of voting delegate to the 2021 National General Assembly of Local Government and endorsement of motions
Councillors voted unanimously to appoint the Lord Mayor to exercise Council’s voting rights at the 2021 Australian Local Government Association’s National General Assembly (NGA) or to appoint a voting delegate from among the Councillor attendees.
Councillor representation on external committee – Hunter and Central Coast Regional Planning Panel
Councillors noted Councillor Jason Dunn’s resignation from the Hunter and Central Coast Regional Planning Panel and appointed Councillor Peta Winney-Baartz as City of Newcastle’s representative on the Panel with Councillor Brad Luke selected as an alternative representative, until the day before the next local government election.
Stairway to Heaven feasibility analysis
Councillors voted to authorise the Chief Executive Officer to enter into a Heads of Agreement with Iris Capital to reach in-principle agreement on the terms and conditions under which the parties might progress the Stairway to Heaven concept. The project would create a landmark public space to enhance the visual and physical connections to Christ Church Cathedral through an integrated approach incorporating City of Newcastle owned land and Iris Capital owned land.
Supplementary report nomination to list Newcastle Recreation Reserve (King Edward Park) on the State Heritage Register
Councillors voted to endorse a nomination to list Newcastle Recreation Reserve (King Edward Park) on the State Heritage Register, which will be forwarded to the Heritage Council for consideration.
The nomination area excludes the King Edward Headland Reserve, which is owned by the Awabakal Local Aboriginal Land Council.
The motion recognised that the inclusion of items on the State Heritage Register is a matter for the NSW Government and the Special Minister of State, and Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts (The Hon Don Harwin MLC). It also acknowledged that regardless of its inclusion on the State Heritage Register, any future development of the Headland Reserve will need to be consistent with the City’s zoning and planning controls. Any future development application will need to address and respond to both onsite heritage and the heritage values of adjoining parcels.
Adoption the 2021-2025 Destination Management Plan
Councillors voted to adopt the 2021-2025 Destination Management Plan, which provides a framework and initiatives to support and expand the Newcastle visitor economy as it recovers in a post COVID-19 environment.
Scholey Street, Mayfield – proposed pedestrian /cycle refuge, road cushions and intersection realignment
Councillors voted to approve the pedestrian and cycle refuge and road cushions on Scholey Street, Mayfield near Nelson Street and realignment of the intersection, to facilitate connectivity for pedestrians and cyclists and improve safety.
Wallarah Road at Young Road, Lambton – pedestrian refuge
Councillors voted to approve a pedestrian refuge on Wallarah Road at Young Road, Lambton, to modify vehicle speeds and improve pedestrian safety and connectivity in this location.
Beresford Lane and Cooper Street, Newcastle West – Changes to traffic flow direction
Councillors voted to approve the traffic flow changes of Beresford Lane, Newcastle West from eastbound to westbound between Stewart Avenue and Cooper Street and Cooper Street Newcastle West from two-way traffic flow to one-way southbound between Beresford Lane and Hunter Street.
Public Exhibition of the draft 2021/22 Our Budget (Delivery Program 2018-2022 and Operational Plan 2021/22)
Councillors resolved to publicly exhibit the draft 2021/22 Our Budget (2018-2022 Delivery Program and 2021/22 Operational Plan) and draft 2021/22 Fees and Charges Register for 28 days prior to final consideration by Council.
Update to Special Business Rate guidelines
Councillors voted to adopt the updated Assessment Panel membership for the Special Business Rate Expression of Interest Guidelines.
Executive Monthly Performance Report
Councillors received the Executive Monthly Performance Report for February 2021, which reports on City of Newcastle’s monthly performance.
Notices of Motion
City of Newcastle Webcam Network
Councillors supported a Notice of Motion to seek NSW Government ‘Smart Places’ funding to develop a strategic network of high-resolution webcams across the LGA to support the visitor and experience economy.
Maintenance of Street Trees under aerial powerlines
Councillors unanimously carried a Notice of Motion for City of Newcastle to write to Ausgrid’s CEO Richard Goss requesting that he provide Councillors with a briefing on current practice for street tree maintenance and management under aerial powerlines.
City of Newcastle notes the contribution of Newcastle’s street tree population to the city’s urban forest, an intergenerational resource that provides multiple community benefits, and the need to improve practices and capacity to ensure these benefits.
GIPA Policy Review
Councillors unanimously carried a Notice of Motion endorsing recent changes to the presentation of confidential items in the Council agenda and business papers to provide greater transparency to the community.
Consistent procedures for sensitive development
Councillors unanimously carried a Notice of Motion that the elected Council is to be notified via memo when a development application is received that involves the demolition or destruction of a Heritage Item, or when a planning proposal is received.

A teen missing in the state’s Hunter Valley region has been located safe and well.
The 14-year-old was last seen about midday today (Monday 22 March 2021) at a high school in Muswellbrook.
Police were notified and commenced an investigation when family members couldn’t get in touch with her.
Following inquiries, the teen was located safe and well at Wollongong tonight (Monday 22 March 2021).
Police wish to thank the public and the media for their assistance.

Police are appealing for public assistance to locate a girl missing from the Hunter Valley area.
Courtney Snowden, aged 14, was last seen at her high school in Muswellbrook about midday today (Monday 22 March 2021), and missed the last two periods of school.
When she failed to return home, officers from Hunter Valley Police District were notified of her disappearance and commenced inquiries into her whereabouts.
Police and family have concerns for Courtney’s welfare due to her young age and family believe she may be heading to the Wollongong area.
Courtney is described as being of Caucasian appearance, about 150cm tall, of slim build, with shoulder-length brown hair and brown eyes. She was wearing a school uniform described as being a blue polo shirt with a black hooded jumper.
Police are urging anyone with information about her whereabouts to contact Crime Stoppers on 1800 333 000.

A spearfisherman has re-united with the officers who saved him from the ocean after being separated from his boat and circled by a bull shark in Port Stephens.
On Saturday 26 December 2020, Matty Smith was spearfishing off his boat with a friend near Broughton Island, Port Stephens, when they surfaced to find the boat missing.
After experiencing an engine problem, the boat drifted from the spearfishermen before the skipper on board – a friend of the pair – let off a flare.
Senior constables Glen Young and Nick Leach from the Port Stephens Marine Area Command found the boat and picked up the skipper before commencing a search for the stranded spearfishermen.
Senior Constable Nick Leach said they were searching for the men in difficult conditions.
“The wind had got up so there were whitecaps on the water, so finding a couple of divers in the water was pretty hard, like finding a needle in a haystack. They’re dressed in camouflage gear,” said Senior Constable Leach.
The men, aged 36 and 28, were attempting to swim about five kilometres to shore and had been circled by a bull shark before being found by police about 4.25pm.
“I looked up and saw the red and blue lights and the relief and gratitude I had then. I thought I need to get on that boat, especially after seeing the shark,” said Matty Smith.
“Had the officers not arrived, the thoughts I was having were either: with it being dusk and the sun going down, potentially a shark attack or probably one of us potentially drowning,” he said.
Senior Constable Glen Young said it was lucky they found the men when they did.
“They were quite exhausted when they got on the boat. I think they only would have had another hour in the water before they maybe would have possibly drowned,” said Senior Constable Young.

Building on six years of stable and consistent progressive Budgets that have protected services and local jobs while ensuring long-term financial sustainability, City of Newcastle is forecasting a $23.5 million turnaround in its financial performance just 12 months on from the peak of the economic impact caused by COVID-19.
The draft Budget forecasts a $1.2 million surplus over the next year, while still delivering a near record $90.4 million infrastructure program that includes the restoration of the Newcastle Ocean Baths, the revitalisation of the Wallsend Town Centre, a commercial standard organics facility to recycle residential food waste and the continued delivery of the Bathers Way project from Merewether to Nobbys Beach.
Importantly, the accompanying Long Term Financial Plan indicates that the Budget will remain in surplus for the next 10 years at least, allowing the City to continue to support existing services and invest in new and upgraded infrastructure.
The $330 million Budget, which outlines the City’s planned actions for 2021/22, will be tabled at Tuesday’s council meeting, with Councillors voting to place it on public exhibition for community feedback for four weeks from 26 March.
Lord Mayor Nuatali Nelmes said the draft Budget has been carefully balanced to allow the City to continue supporting the community’s recovery from COVID-19 while also providing the services and infrastructure needed to support the economic and population growth of the city.
“During COVID-19, Council made brave decisions to provide financial relief and support for vulnerable groups and business, and to expand existing services, while increasing investment in projects to stimulate the local economy and support jobs,” Cr Nelmes said.
“Those efforts allowed us to deliver a $5.5 million Community Economic and Resilience Package in March last year, weeks before either the NSW or Federal Governments were in a position to respond with support programs and stimulus measures.
“These crucial decisions were only possible due to our strong financial sustainability, a legacy of six consecutive surplus Budgets prior to COVID-19 sending the national economy into recession last March.
“This year, we will spend $330 million in what is a commitment to deliver services and infrastructure that support our city and natural environment as an inclusive and sustainable place to live and work, now and into the future.
“Investment in services across the city is a key priority under the Budget, with $13.7 million for upgrades to local roads, bridges and footpaths and $9.1 million for new and improved parks, playgrounds, sporting and aquatic facilities including the much anticipated Wallsend active hub.
“The City will continue to upgrade local town centres, with $8.1 million marked for projects including the Wallsend CBD and along Orchardtown Road in New Lambton.
“A strong focus on environmental sustainability will see $10.5 million allocated to a range of projects including $2 million for Stockton Beach sand renourishment to protect property and maintain beach amenity, while the NSW Government continues to test the quality of sand mined offshore for the purpose of rebuilding Stockton Beach.”
Other highlights of the 2021/22 budget include:

• $11 million for waste management, including $8 million for the construction of an organics facility to compost food and green waste to reduce the city’s environmental footprint
• $7.7 million on stormwater upgrades to address flooding to property and businesses
• $5 million for transport initiatives including $1.5m on cycleways and $3.1 million on local traffic management and pedestrian safety and access
• $5 million for initiatives to mitigate economic and social impacts of climate change
• $4.3 million on strategic projects including $2.4 million on Smart Cities and $1.1 million to improve customer experience
• $4 million on the Newcastle Ocean Baths Upgrade Project
• $3.3 million towards the expansion of the Newcastle Art Gallery
• $2.2 million on Bathers Way
• $1.5 million for street and park trees to address urban heat island impacts.

The City’s draft 2021/22 Budget delivers on a promise by CEO Jeremy Bath to Councillors this time last year that the City’s financial foundations were strong and that the Budget would return to a small surplus the following year.
Mr Bath said the $23.5 million turnaround in the Council’s financial position has been achieved despite an expectation that COVID-19 will continue to cost it many millions of dollars in lost revenue from the impact on domestic flights from Newcastle Airport, in reduced demand for venue hire at the City Hall, and through the significant reduction in interest rates available to its investments.
“Prudent and progressive economic management and our record of financial sustainability has played a significant role in our recovery from COVID-19,” Mr Bath said.
“A key focus of the 2021/22 Budget is to continue on this path of financial sustainability, deliver the many essential services expected of local government and invest $90.4 million in projects to improve the livelihood and wellbeing of our city.
“We know our city and community is not yet completely out of the woods when it comes to the economic impact of COVID-19. That’s why we have made a conscious decision to push our capital works program as hard as is possible this year and next, knowing that the economic return on our $90 million infrastructure program will be hundreds of local jobs.
“When I commenced with City of Newcastle, I made a promise to myself that we would find the money to restore the Newcastle Ocean Baths. With the support of the Lord Mayor and Councillors, this budget is the first in more than 50 years to allocate significant funding to restoring our iconic baths. Simply, the community has waited long enough.
“Similarly, we have allocated $3.3 million towards early works associated with the expansion of the Newcastle Art Gallery. Again, the Council has unanimously backed the decision to commit ratepayers’ funds to what is the most valuable art collection anywhere in regional Australia.
“We continue to speak with both the NSW and Federal Governments on addressing the $10 million funding gap that exists to allow the Gallery to be expanded over the next two years. This $3.3 million commitment to the early works of the expansion means when that final $10 million grant is secured, we are ready to close the doors and start building.”

Two men have been charged over the alleged supply of prohibited drugs in Newcastle.
In January 2021, officers attached to the Hunter Region Enforcement Squad commenced Strike Force Wrack to investigate the supply of prohibited drugs – mainly methylamphetamine – from a barber shop in Kotara.
Following extensive inquiries, police attended a store in Kotara about 4.30pm yesterday (Wednesday 17 March 2021), and arrested a 38-year-old man.
A crime scene was established and officers located $5,000 cash within a drawer inside the store.
Police also stopped a 51-year-old man nearby where he was searched and officers allegedly located methylamphetamine.
Officers later executed a search warrant at a unit on Newcastle Beach where they located and seized methylamphetamine.
Both men were taken to Newcastle Police Station, where the younger man was charged with supply prohibited drugs on an ongoing basis, supply commercial quantity prohibited drug and deal with the proceeds of crime, while the older man was charged with supply indictable quantity and supply commercial quantity prohibited drug.
They were both refused bail to appear at Newcastle Local Court today (Thursday 18 March 2021).
As inquiries continue, police executed another search warrant at a Blue Haven property today, where officers seized cannabis, steroids and cash.
Investigations under Strike Force Wrack are ongoing.

Two men will appear in court today charged over the alleged stabbing of a man in the state’s Hunter Region earlier this month.
About 1.50am on Friday 5 March 2021, emergency services were called to a home on Shalistan Street, Cliftleigh, about 20km north-east of Cessnock, following reports two men had been stabbed during a physical altercation.
On arrival, police found a 23-year-old man with stab wounds to his chest and head.
The man was treated at the scene before being taken to John Hunter Hospital, he has since been released.
A short time later, police were notified after a 27-year-old man attended Maitland Hospital suffering stab wounds to his chest and neck.
He was later taken to John Hunter Hospital and has since been released.
Officers from Hunter Valley Police District established Strike Force Abapo to investigate the circumstances surrounding the incident.
Following extensive inquiries, about 1.30pm yesterday (Thursday 18 March 2021), strike force detectives attended a home on Shalistan Street and arrested two men – aged 23 and 66.
Both men were taken to Cessnock Police Station, where the younger man was charged with attempted murder and wound with intent to murder.
The older man was charged with assault occasioning actual bodily harm in company and accessory after the face to attempted murder.
Both men were refused bail to appear at Cessnock Local Court today (Friday 19 March 2021).