To my mind this raises the question as to whether …

Comment on Code of conduct allegations ‘vexatious, frivolous’ – councillor by Alex Nelson.

To my mind this raises the question as to whether Jimmy Cocking and other councillors have been subjected to an act of defamation.
Resorting to my old trusty Concise Macquarie Dictionary, I found the following definition of the word ‘defamation’: “the wrong of injuring another’s reputation without good reason or justification; calumny; slander or libel.”
It seems to me that the complaint which has led to the code of conduct process, which has been found to be “vexatious and frivolous,” may fit that definition.
If an offence of this nature has been committed, then it begs the question as to the legality of covering up the identity/ies of the complainant/s.
Is it appropriate for government, or an arm of government, to rely on confidentiality to frustrate the possibility of holding a person or persons to account for their actions if they might possibly be in breach of the law?

Alex Nelson Also Commented

Code of conduct allegations ‘vexatious, frivolous’ – councillor
@ InterestedDarwinObserver (Posted November 22, 2018 at 10:22 am): You are correct to state the Australian Constitution refers only to the Commonwealth (Federal) Government and the States.
However, local government was established in the various colonies prior to federation and remains a state-based responsibility.
This included the Northern Territory when it was controlled by South Australia, which established a council for the town of Palmerston (Darwin) that was subsequently “inherited” by the Commonwealth when it took control of the NT in 1911 (this council voted itself out of existence in the late 1930s).
There have been two referendum questions put to the Australian people with regard to local government.
The first was in May 1974 when the Whitlam Government sought to gain the power “to borrow money for, and make financial assistance grants directly to, any local government body”.
The second question was put by the Hawke Government in 1988 “to recognise local government in the Constitution”.
Both questions were lost.
Two decades ago I queried the validity of local government in the Northern Territory, given that the Commonwealth has no powers for local government under the Australian Constitution, and that the NT Government derives its powers in turn from the NT Self-Government Act which is a Commonwealth law.
The ACT, which has a much larger population than the NT, has no local government – there is no Canberra City Council or Mayor of Canberra.
A constitutional lawyer directed my attention to section 122 of the Constitution: “The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.”
There’s no doubt about the legitimacy of federal representation of the NT but the question of whether this power extends to the creation of local government in the NT as valid still nags at me.
It’s a constitutional question that ultimately can only be resolved by the High Court of Australia, but that’s dependent on this matter being referred to the court for adjudication – and clearly nobody is prepared to do it.
However, as recent experience with several cases involving section 44 of The Constitution has shown, the Statute of Limitations has no application to constitutional law.
To my mind, the validity of local government in the NT hangs over our heads like the Sword of Damocles.


Recent Comments by Alex Nelson

‘Catastrophic’ drop in construction work
@ Evelyne (Posted June 28, 2019 at 3:15 pm): Perhaps you should ask people working within the public service/bureaucracy about the difference between democracy and tyranny. On second thought, don’t bother – they all have to keep their mouths shut.


‘Catastrophic’ drop in construction work
@ Interested Darwin Observer (Posted June 28, 2019 at 8:04 am): Oh! Are we a democracy?


Alice to get first Aboriginal owned earth ground station
If I recall correctly, the Geoscience Australia Antenna commenced operation as a Landsat receiving station in 1979, so this year marks its 40th anniversary.
Our family was living at the CSIRO residence by Heath Road at the time, now the Centre for Appropriate Technology.
There was one funny occasion when my brother was wandering around in the paddock nearby the new facility, and wherever he went the antenna would swing around and point towards him.
I think he got a bit spooked by it but it was the technical officers in the adjoining demountable lab that were just having a bit of fun.


Architect of Katherine’s masterplan to be Alice council CEO
This is tremendous good news for Alice Springs. I shall put on hold my plans to move to Katherine 🙂


Car crashed into supermarket, alcohol stolen
Certainly not the first time that kind of offence has occurred at those premises!


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