The Office of Local Government (OLG) has authorised a misconduct investigation into Councillor Big Rob, following a referral made by Lismore City Council in November 2024.

The authorisation document, which has been made public, confirms that the investigation will examine a social media post published around 22 March 2024, along with “any other matters relevant to and/or arising from the investigation.”

While the OLG declined to comment on this specific matter, a spokesperson reiterated its standard position: “The Office of Local Government does not comment on matters it may or may not be investigating.”

The referral stems from a decision by Lismore City Council to censure Cr Rob for breaches of the Code of Conduct and escalate the matter to the OLG for possible further action.

For many in our community, the announcement has raised questions about what an OLG investigation actually involves. While the word “investigation” can sound serious, the process sits within administrative legislation and is designed to determine whether conduct meets the definition of “misconduct” under the Local Government Act.

The Act defines misconduct as including:

• a breach of the Code of Conduct
• contravention of the Act or regulations
• failing to comply with an order issued under the misconduct provisions
• behaviour intended to prevent council from functioning effectively.

Once an investigation is authorised, OLG officers gather information, request interviews or documents, and prepare a departmental report. The councillor involved is given a chance to respond before the report is finalised. The Departmental Chief Executive then decides what action, if any, is required. Possible outcomes include:

• taking no further action
• referring the matter back to council
• reprimanding or counselling a councillor
• directing an apology, mediation or training
• suspending a councillor for up to three months
• suspending their right to be paid for up to three months, even if they remain in office.

The post in question was part of an online exchange between Cr Rob and the administrator of the Facebook group ‘Lismore Council Watch’ Janine Wilson. It was about council spending in the CBD, which became personal after Cr Rob posted in response to one of Janine’s posts.

The referral relates to whether the tone and content of comments made during that exchange were consistent with the behavioural standards set out in the Code of Conduct.

Cr Rob rejects both the basis of the censure and the referral to the OLG. He said he believes the process is fundamentally flawed.

“It’s been more than 600 days since the post they are referring to, and I was told the OLG was looking at this 2 weeks ago. I didn’t even remember which post it referred to. Having something like this hanging over your head for nearly two years isn’t appropriate.”

He also argues that updated Code of Conduct guidelines introduced after the 2024 local government election would have changed how his matter was handled.

“If the new guidelines had been in place earlier, I genuinely don’t believe I would have been censured or even investigated.”

Cr Rob maintains the referral was politically driven.

“My opponents weaponised the Code of Conduct after the election. The post was from March, the election was in September, and they censured me in November.”

He said he is not particularly worried about potential outcomes.

“If the OLG decide to do more than censure or reprimand me, I believe I have a right of appeal. I am very comfortable with getting into a tribunal or court room to consider the details more closely.”