Maladministration, Negligence, and Discrimination

As a training environmental engineer i was commissioned by BMCC to assist with a Stormwater Action Plan for Kedumber River Catchment in 2006. In 2005 I volunteered on the Urban Streams Sampling Program for four months. Other involvements include Bushcare and volunteering at community gardens as well.

The stormwater manager at the time left for long service leave and said when he returns he wanted me to help him with Grose River Catchment Stormwater Management Plan and to prepare projects and plans for priority sites identified after analysing over 100 community feedback forms. When he didn't return from long service leave and the position of Stormwater Manager was vacated for over a year, I sent my projects and plans to Environmental Manager whom automatically sent an email to his whole department saying i am not associated with Council and do not respond to me. I called him and asked him why he did that and he apologised saying he didn't read the letter however never rectified the situation and clarified with his staff.

About a year later a rather disgruntled resident/landowner wanted me to undergo and environmental review of his property after claiming that Council had put a Cul-De-Sac in 15 years ago when he was absent, without his consent, and without providing a survey plan for acquisition of his property. Since then it caused stormwater damages to his property and his complaints to Council were ignored for over 15 years. The resident/landowner also was concerned about the noise pollution from Rifle Range activities within 200m from his property, concerned about lead contamination due to Rifle Range activities for the last 70 years. I was commissioned by this resident to undergo an environmental review of his property and estimated about $30k in stormwater damages and $20k for acquisition of the land of which i proposed to have a meeting with Council however they were not willing to discuss the issue. The resident wanted a full environmental assessment of a range of issues in the local catchment area and I discovered serious lead contamination, intrusive noise pollution, that which had never been monitored by Council, as well as other drainage problems and weed plumes in the catchment area. The resident was banned from entering Council premises and required me to represent him and i too was discriminated against and never could discuss the issue with them.

When it was finally heard in the Court, Council had to pay only $50k to the resident, for the stormwater damages and acquisition of the land, while he had to pay $35k in legal fees, plus his surveyor and engineering costs. Council had two legal firms fighting the case and still lost. Unfortunately i did not get factored into the equation and Council still today will not respond to my letter, nor will any member of staff or Councillors allowed to talk to me. Also i have experienced stereotyping, defamation, and vilification in my community involvement with community gardens etc.

At one point a letter from the NSW Governor was issued requesting a section 430 Investigation into serious maladministration in an organisations practice and suggesting that Dept. of Local Government was aware of the errors. (Note: Council went from voluntary acquisition with no survey plan to compulsary acquisition with no survey plan and the Minister approved it.

What happened to this investigation? What have i done to deserve such gross discrimination and defamation in the community.
So far it has cost me allot of time, my wellbeing, my relationship was ruined, plus several jobs have been affected, and will not be considered by Councils for employment, also my involvement in community as they secretly misled people about me, still Council will not respond to my letter to the new General Manager, and take responsibility for THEIR MISTAKE.

Having seen the original survey plan myself, that which came through lawyers after an Ombudsman complaint, the Cul-De-Sac was supposed to be 15m up the street and it appears it was placed in the wrong place.

Comments

Following on from my complaint about Council, all Councillors and the General Manager wiped their hands of taking responsibility for case presented. I wrote to the Governors office asking why the written request to investigate this Council did not proceed and i received a response it is out of their power to following up on this request. Also the Minister for Local Government in simple terms responded arguing I was not commissioned by this resident/landowner affected, and informed me that they are allowed to approve an application for compulsary acquisition for road widening purposes without a survey plan attached. There were satisfied their decision was right and satisfied Council was not investigated for the serious maladministration, negligence and discrimination experience in Councils defence. Meanwhile I have been forced to make a small claim in the Court to a Pensioner for payment and decision made to receive only a fraction of the amount invoiced and agreed upon at the time of doing the work.

I was treated as vexatious when Council (Carr vs BMCC) was in the wrong all along and I was only responding to a residents needs and complaints that were at the time and for years before being ignored. This included intrusive noise complaints, lead contamination of a supposedly protected creek and swamp, and stormwater damages to property resulting from the faulty road and drainage works.

It is all so wrong, and they still undermine me in ccommunity knowing that I know and knowing they can get away with it.
I am deeply disappointed in NSW Government. They are terrible environmental managements and do not care for residents or making amends for their mistakes either. It is even more disappointed to witness the pack mentality of all levels of government sufficing to this alleged corruption.

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