Code of Conduct investigation

In accordance with Council’s resolution of 12 December 2023, CN sought advice on the proactive release of the investigation report prepared by the independent, external Conduct Reviewer.

CN is governed by the Government Information (Public Access) Act 2009 (GIPA Act) when considering the release of documents which contain the information of third parties.

Following due process, including consultation with third parties, a full copy of the Investigation Report has been proactively released. Minor redactions have been included, for example to protect the personal information of third parties.

CN is unable to engage in ongoing commentary on the detail in the Investigation Report. It has followed a rigorous process in line with the Procedure for the Administration of the Code of Conduct. This included the Conduct Reviewer Pinnacle Integrity determining the allegations to be investigated and undertaking the process independently.

CEO Code of Conduct Report Released

City of Newcastle (CN) has proactively released the full independent Investigation Report into the CEO Code of Conduct Review, which cleared Jeremy Bath of alleged wrongdoing. 

The Code of Conduct investigation was undertaken by an independent Conduct Reviewer, Pinnacle Integrity, following a series of Newcastle Herald reports linking the CEO to letters submitted to the newspaper by his friend Scott Neylon. This prompted a Council resolution on 25 July 2023 and a request from the Minister for Local Government on 26 July 2023, along with a complaint submitted by former Councillor Mr Bob Cook on 30 July 2023. 

The investigation was undertaken in line with the NSW Government’s prescribed Procedure for Administration of the Code of Conduct, and considered allegations that the CEO provided confidential information to a friend for the purpose of writing letters to the editor, and or wrote letters to the editor under his friend’s name. 

The investigation report details evidence from multiple parties. It found that the allegations against the CEO were not substantiated. 

In January 2024, CN proactively released a copy of the outcome letter, which is a summary of the investigation and its findings. 

Despite the Code of Conduct Procedures requiring all information to be treated as confidential and not publicly disclosed, the release of the full investigation report follows unprecedented leaking of confidential information related to the report by complainant Mr Cook, and extensive reporting on this information (on several occasions with significant error) by the Newcastle Herald.  

As a result of Mr Cook’s repeated breaches of the Code of Conduct procedure, CN has commenced the process to seek the consent of the Office of Local Government to restrict any future information regarding complaints being provided to Mr Cook.  

Separately, and following a formal request by CN, the Newcastle Herald has made corrections to its front page article dated 30 March 2024 ‘Probe Slammed a Sham’, and published an ‘Editors Note’, given the significant and damaging inaccuracies in the story. 

CN is committed to the highest standards of integrity, transparency and procedural fairness. Consistent with the requirements of the GIPA Act, CN consulted with numerous third parties whose information was captured in the investigation report, prior to its proactive release. 

Statement attributable to Jeremy Bath: 

“I welcome the release of the full Pinnacle Integrity report into the independent investigation of a complaint against me lodged in July last year by Bob Cook. I have at all times made myself available to the Conduct Reviewer, undertaking both verbal and written interviews.  

“I provided my written support for the release of the full report by Pinnacle Integrity almost four months ago. I understand why securing the release of the report has taken time, given the NSW Government’s model code of conduct policy makes a presumption against the release of the investigation report where no breach of the code has occurred. Releasing a report when the NSW Government’s own procedure states that it should not occur, is legally complex and time consuming. 

“The report confirms what I have always said: I did not write letters to the Newcastle Herald published under the name of my friend Scott Neylon. 

“Herald journalist Donna Page has to date refused to reveal who provided her my and Scott Neylon’s residential addresses recorded on the electoral roll. 

“It is a crime under the Commonwealth Electoral Act 1918 to provide a person’s electoral roll details to a third person such as a journalist. I do not understand why Donna Page believes the public has a right to read the Pinnacle Integrity report clearing me of any wrongdoing, but doesn’t believe the readers should know the identity of the person who illegally accessed my home address on the electoral roll and how it was ultimately provided to her, and others. 

“I now have concerns that any person of voting age is at risk of having their home address and personal details on the electoral roll leaked to the Newcastle Herald. Donna Page has to date not disclosed this person’s identity, and therefore has prevented this person from having to explain his/her actions.” 

Statement attributable to Pinnacle Integrity: 

“Pinnacle Integrity is an approved Conduct Reviewer for Councils across NSW. 

The Procedures legislated for Conduct Reviews in NSW are underpinned by this prescribed process and natural justice. Specifically, that means that every person subject of a complaint is rightly afforded the presumption of innocence. They are not required to prove their innocence.  To remove that right, or incite others to challenge that right, is manifestly inappropriate and is contrary to principles of law in Australia. 

The Reviewer’s role is to establish the truth having regard to available evidence. It is a scrupulously objective, independent, and fair process. Conduct Reviewers do not; hold coercive legislative powers, interrogate witnesses, seize records, nor enforce participation in the process. Witnesses voluntarily participate in the process.  

The Review is neither prosecutorial nor it is an inquisition seeking to apportion guilt to validate a predetermined or preferred outcome. 

In this instance, there is a published prevailing view that our role ought to have been to prosecute a person subject of complaint to ratify a preferred finding. That is not, and will never be, our role. Our role is to assess available evidence, rather than rely on inference, assumptions, or inuendo.    

It is accepted that some parties will be disappointed or dissatisfied with the outcome of complaint inquiries. That is inevitable and unavoidable, but does not dictate or influence investigative outcomes. 

Whilst the procedural framework that underpins reviews might not satisfy those seeking a desired outcome, Conduct Reviewers remain bound by those Procedures. If there is a strongly held or political view that this process needs to change, then that is a matter for the Government of the day.”  

The Investigation Report can be downloaded at CN’s website

Fatal crash – Lake Macquarie

A passenger has died following a crash at Lake Macquarie overnight.

About 12.15am (Sunday 14 April 2024), emergency services were called to Freemans Drive, Cooranbong, following reports of a crash.

A Subaru Impreza was reportedly travelling northbound when it lost control and crashed into the rear of a Hyundai Santa Fe – a fully marked mobile speed camera vehicle – parked on the side of the road.

The passenger – a 18-year-old man – was treated by NSW Ambulance paramedics; however, he died at the scene.

The driver – also aged 18 – was freed by emergency services and taken to John Hunter Hospital for treatment. He also went mandatory testing.

The 43-year-old man seated in the Hyundai, suffered minor injuries and did not require treatment.

Officers from Lake Macquarie Police District established a crime scene which will be forensically examined by specialist officers from the Crash Investigation Unit.

An investigation is underway into the circumstances surrounding the crash and a report will be prepared for the information of the Coroner.

Local artists create a feast for the senses at this year’s New Annual festival

City of Newcastle (CN) has awarded five local creative organisations close to $100,000 in funding to bring their unique ideas to life at this year’s New Annual festival.

A total of $94,500 was offered from CN’s “Made New” expressions of interest (EOI) commissioning process as part of a five-year plan to support the region’s arts industry.

Catapalt Dance perform Rhapsody at New AnnualCatapult Choreographic Hub perform Rhapsody as part of the New Annual Festival.

Design and fabrication workshop Built In-Kind will make its New Annual debut in 2024 as one of the successful program applicants. 

The group, which specialises in custom furniture and delivers education to women and diverse communities, will offer “The Memory Feast” workshops. Participants will create a sculptural ‘dining hall’ from recycled materials and finish with a dining experience that showcases local chefs, food, and wineries. 

Newcastle Youth Orchestra will debut “Mistborn Orchestral Suite” an immersive concert merging music, visuals, and dance to showcase compositions by local Indigenous composer Jacob Cummins. A participatory wayfinding art adventure through the city will be brought to life by Tantrum Youth Arts, and Newcastle-based dance company Catapult Choreographic Hub will commission a new contemporary dance work crafted by acclaimed First Nations choreographer Jasmin Sheppard and performed by a diverse ensemble of artists. 

The final recipient of this year’s “Made New” funding, Art Thinking, will create an immersive experience centred around a chair that interacts with users’ physical input to generate visuals on LED screens.

Newcastle Lord Mayor Nuatali Nelmes said that continuing to support such a high calibre of local creative talent was integral to New Annual’s success.

“City of Newcastle’s ‘Made New’ program will this year see almost $100,000 additional funding invested directly into local arts performances as part of the flagship festival,” Cr Nelmes said.

“Our commitment to fund local talent forms part of our five-year plan to support and grow our region’s arts industry while simultaneously attracting renowned artists that will help New Annual achieve national recognition.

“In addition, the festival will strengthen Newcastle’s position as a cultural tourism destination, which generates an economic boost for local businesses through hotel stays and increased visitor spending in the city.”

Chair of CN’s Community and Culture Advisory Committee Cr Carol Duncan said New Annual would continue to provide a high-profile vehicle for innovation, creativity, and entertainment in Newcastle.

“Local artists and performers accounted for more than 60 per cent of New Annual’s 2023 programming, and this year we expect the same,” Cr Duncan said.

“The expressions of interest for the 2024 ‘Made New’ funding were of a high standard, and I am thrilled that the five successful organisations will be featured in this year’s program.”

Featuring free, ticketed and family-friendly events, New Annual will run for 10 days during the Spring school holidays from 27 September to 6 October 2024, with the full program to be announced later this year. 

To keep up-to-date with the latest New Annual news and announcements, visit www.newannual.com

Statement regarding Mr Timothy Crakanthorp MP 

The NSW Independent Commission Against Corruption conducted a preliminary investigation into information referred to it by The Cabinet Office concerning whether the then minister for the Hunter, Mr Timothy Crakanthorp MP, had failed to declare a conflict of interest.

The Commission has prepared a report pursuant to section 14(2) of the Independent Commission Against Corruption Act 1988 including the Commission’s factual and other findings concerning Mr Crakanthorp’s conduct in relation to the NSW Ministerial Code of Conduct. The report has been furnished to the Secretary of The Cabinet Office, and the Premier of NSW, who are the relevant public authority and responsible minister for the purposes of this matter. The report has been provided so that they are appraised of the outcome of the Commission’s investigation, the Commission’s findings and for the purpose of taking any action they consider appropriate.

As the Commission is satisfied that there are no reasonable prospects of finding Mr Crakanthorp’s conduct is sufficiently serious to justify a finding of corrupt conduct, it has terminated its investigation.

The Commission will not be making further comment.

Man dies after assault; man charged – Raymond Terrace

A man will appear in court charged after another man died following an assault in the Hunter region yesterday.

Just before 2am (Tuesday 9 April 2024), emergency services were called to Cambridge Avenue, Raymond Terrace, following reports a man was found with serious head injuries.

NSW Ambulance paramedics attended and treated a 38-year-old man; however, he died at the scene.

Officers attached to Port Stephens-Hunter Police District were told the injured man was involved in an altercation when he was reportedly assaulted.

As part of inquiries, police arrested a 29-year-old man nearby.

He was taken to Raymond Terrace Police Station before being transferred to Maitland Hospital for assessment.

Upon his release from hospital, the man was taken to Raymond Terrace Police Station and charged with murder.

He was refused bail and will appear before Raymond Terrace Local Court today (Wednesday 10 April 2024).

Raptor Squad charge man over alleged armed affray – Newcastle

Raptor Squad officers have charged a man in Newcastle following an investigation into an alleged armed affray last month.

About 4.40pm on Saturday 2 March 2024, officers attached to Nepean Police Area Command were called to an address in Cranbrook following reports a man had been threatened with a knife.

Witnesses told police two men had been involved in an altercation, during which one man lunged at the other with a large kitchen knife before fleeing the scene.

Local police commenced initial inquiries, before the matter was taken carriage of by State Crime Command’s Raptor Squad.

Following extensive inquiries, about 11.40am today (Monday 8 April 2024), a 25-year-old man was arrested in Bar Beach, Newcastle.

He was taken to Newcastle Police Station, where he was charged with use offensive weapon with intent to commit indictable offence, use knife in public place – cause person to fear for safety, and affray.

The man was refused bail to appear before Newcastle Local Court tomorrow Tuesday 9 April 2024.

Raptor Squad arrest man over alleged armed affray – Newcastle

Raptor Squad officers have arrested a man in Newcastle following an investigation into an alleged armed affray last month.

About 4.40pm on Saturday 2 March 2024, officers attached to Nepean Police Area Command were called to an address in Cranbrook following reports a man had been threatened with a knife.

Witnesses told police two men had been involved in an altercation, during which one man lunged at the other with a large kitchen knife before fleeing the scene.

Local police commenced initial inquiries, before the matter was taken carriage of by State Crime Command’s Raptor Squad.

Following extensive inquiries, about 11.40am today (Monday 8 April 2024), a 25-year-old man was arrested in Bar Beach, Newcastle.

He was taken to Newcastle Police Station, where he is expected to be charged with use offensive weapon with intent to commit indictable offence, use knife in public place – cause person to fear for safety, and affray.

Inquiries are ongoing.

Newcastle inland pools smash visitor records

With a month of the season remaining, City of Newcastle’s (CN’s) inland pools have already experienced their busiest summer in almost 30 years, attracting more than 410,000 visitors.

The total, which is a 33 per cent increase compared to the same time last season, comes just one year after BlueFit began operating all five of Newcastle’s swimming centres and is the highest annual visitation since the 1997/98 season.

Lambton Park War Memorial Swimming CentreLambton Park War Memorial Swimming Centre

Further cementing their popularity, customer satisfaction surveys conducted throughout the season by BlueFit found that 88 per cent of respondents are likely to continue using CN’s inland pools in the future.

Lord Mayor Nuatali Nelmes said CN has prioritised investment in the city’s much loved community facilities to ensure they are inclusive and accessible for everyone to enjoy.

“We know visitor numbers were reduced during the COVID-19 pandemic, but these statistics prove our pools are more popular than ever,” Cr Nelmes said.

“Our five inland pools hosted 91 special events and carnivals across the summer, as well as six major events including the Australian Water Polo League Games, Diving NSW Country Championships and NSW Underwater Hockey championships.

“We’re committed to maintaining and investing in our network of inland swimming centres to ensure they continue to meet the expectations and evolving needs of the community.

“It’s part of our ‘Inland Pools Strategy 2043’ which includes accessibility upgrades and redeveloped changeroom facilities.”

Lambton Park War Memorial Swimming Centre enjoyed a meteoric rise with almost 48 per cent more people choosing to cool off at the facility compared to the previous year.

CN’s first inland pool received its new $2.2 million grandstand just in time for Christmas to help accommodate more than 26,000 extra visitors across January, February and March.

BlueFit’s customer survey revealed that 95 per cent of respondents were either satisfied or very satisfied with the new grandstand, which now includes much-needed storage space and upgraded accessibility.

CN’s decision to relocate temporary tiered seating from Lambton to Mayfield, Stockton and Wallsend during the winter of 2023 was well received, with new shade covers providing extra protection for visitors, schools, sporting groups and spectators.

Swimmers at Wallsend took full advantage with the centre receiving more than 11,000 extra visits by the end of March compared to last summer.

Ninety per cent of surveyed customers were impressed with the centre’s new accessible changeroom, which was completed in November as part of CN’s 20-year Inland Pools Strategy.

All five of CN’s swimming centres now provide accessible amenities, ensuring a more inclusive swimming experience for all members of the community.

The seating and shade were also welcome additions at Stockton Pool, which has already had 8,000 more visits than the entire 2022/23 season.

Mayfield Pool enjoyed a 24 per cent boost in swimmers until the end of March, with the customer survey showing a 97 per cent approval of its upgraded family changeroom.

December proved a peak month for Beresfield Swimming Centre, which received more than double the number of visitors compared to the same time last season, who were also able to enjoy a new playground, shade sail and picnic tables.

CN’s investment will continue this year with the installation of new heat pumps at Mayfield and Wallsend Pools.

City of Newcastle moves forward with recycling options

City of Newcastle (CN) is investigating the development of a Material Recovery Facility (MRF) at its Summerhill Waste Management Centre to cater for waste collected from both its kerbside pickup service as well as from construction and demolition sites. 

The Inert MRF will significantly increase the amount of waste the region can divert from landfill, with the majority of bulk waste dropped off by the public or picked up in scheduled kerbside collections, as well as the inert Commercial & Industrial and Construction & Demolition waste streams, able to be considered for recycling. 

CN Managing Director Waste Services Michael Allaway said CN was continuing to explore a range of sustainable solutions for managing waste in the region. 

“We’re exploring all options to deliver responsible, environmentally sustainable, and commercially feasible waste and recycling operations to manage our current and future waste streams,” Mr Allaway said. 

“The establishment of an Inert MRF will divert a significant amount of waste from being disposed of in landfill at Summerhill. 

“We’re also continuing to progress approvals for a recyclables MRF as an option to process the recyclables from residents’ yellow-lid bins at Summerhill. 

“A development application is currently being assessed by the NSW Government’s Hunter and Central Coast Regional Planning Panel, who are expected to hand down their determination mid-year.”  

Recycling from Newcastle residents’ yellow-lid bins is currently taken to the Summerhill Waste Management Centre before being transferred to iQ Renew’s processing facility on the Central Coast. 

The arrangement was established following the sudden closure of the only Material Recovery Facility (MRF) in the Hunter in 2020, which was at the time sorting recyclables for the majority of all local councils.  

Mr Allaway said it was an appropriate point in time to test the market in this space, with CN now calling for tenders for a long-term recyclables processing contract. 

“With the current recyclables processing contract due to expire towards the end of this year, we’re moving forward with a tender process,” he said. 

“This will allow us to assess the potential to secure an arrangement that provides certainty around cost, resource recovery and commodity market exposures. 

“We also have the option to extend our current contract with iQ Renew for another 12 months should that prove more favourable.”