AFTER showing not "an atom of remorse or insight" into his homophobic remarks and discriminatory behaviour, former Newcastle councillor Allan Robinson has been banned from holding civic office for two years.
The disqualification means he will not be eligible to run for office at the 2024 local government elections.
It is possibly the longest ban of its kind, according to counsel for the NSW Office of Local Government.
Arguing for a three-year period of disqualification, Matthew Cobb-Clark, for the government, said he was aware of just one other case in which a councillor had been banned from holding public office.
In that case, there were only four grounds for the application, and the councillor was disqualified for just three months.
Senior member of the NSW Civil Administrative Tribunal Robert Titterton said in his judgement handed down this week that if Mr Robinson was returned to public office it would pose an "unacceptable risk" to the public.
That risk involved, potentially, detrimental effects on local government.
"I accept that when conduct of the type engaged in by Mr Robinson occurs, then the ability of a council to act fairly, ethically and without bias in the interests of the local community is compromised," Mr Titterton said.
"Such conduct diminishes public confidence in local government, and is fundamentally inconsistent with the role and responsibilities of a local councillor."
The NSW Civil Administrative Tribunal has found eight complaints against the former Footy Show star proven. They relate in large part to comments he made as a councillor between June 2019, and February 2020.
In one instance he admitted to referring to a fellow councillor as a "fatso" in an email to constituent, saying, "Yeah, well I don't talk highly of her."
"And whenever you see her on tele, have a look at her," he
The tribunal also found Mr Robinson guilty of misconduct and bringing the council into disrepute for making homophobic, derogatory remarks and for repeatedly interjecting at council meetings, disregarding attempts to bring him to order, and refusing to withdraw disparaging remarks.
The former councillor also repeated his comments to journalists, via email and during an interview.
"Significantly, the acts of Mr Robinson were public ones, made in public Council meetings and in public statements to the media," the judgement said.
"Those statements have the capacity to dissuade individuals from participating in local government, for fear that they themselves will become subjected to such conduct.
"I accept the (applicant council's) submission that such conduct is capable of interfering with the proper administration of local government, and that Councillors are entitled to work in an environment that is free from harassment or discrimination on grounds including on the basis of sexual orientation."
Given Mr Robinson's lack of remorse and insight, a reprimand would be insufficient, therefore the tribunal should disqualify Mr Robinson from public office as "a protective measure", he said.
While it was Mr Robinson's first infraction to come before the Tribunal, his conduct "on any view was serious, and he has not expressed an atom or remorse or insight," Mr Titteron said.
Both parties have been invited to make submissions in relation to costs.
To see more stories and read today's paper download the Newcastle Herald news app here.
