When the Mayor Doesn’t Know the Law
A Mayor Without a Grip
Work Health and Safety (WHS) law in NSW is not a matter of opinion — it’s written in statute.
Councillors are workers under the Work Health and Safety Act 2011 (NSW). Councils are the Person Conducting a Business or Undertaking (PCBU) with a duty to provide a safe environment. And mayors, as both councillors and “officers” of the council, have legal obligations to ensure those duties are met.
That means the council chamber is a workplace. If bullying, intimidation or harassment occurs during debate, it is a WHS issue.
So when Mayor Patricia White has reportedly claimed that councillors are not covered by WHS law, she is not only wrong — she is undermining the very protections that should apply to the chamber she chairs.
Now here is the evidence that supports my personal opinion that Patricia is cunning, but not smart or educated, she to me is just another “Denise Kemp” with years in the chamber, more cunning, but in essence they are, in my view “mental twins” - and they even look alike.
Last week she was interviewed by Chance Hanlon and her is what she said:
“Now I want to ask you about this one and this is more serious in regards to SafeWork and the harassment and stuff. They've come into the building or they're having discussions at the moment about the workplace and what's been going on. Can you tell us more about that? Yes, so I can tell you that Council received a letter from SafeWork. I have not seen that letter. It was written to the Acting CEO. It was brought up on Tuesday night at the council meeting and it's a letter asking for some information and the CEO is responding to that letter asking for the information that they're asking from the council. So that's where it's at, that's where it's up to, but that's again, (Patricia) …because councillors are not covered by SafeWork. right so we don't have anything covered any coverage whatsoever so it's up to the CEO acting CEO to provide all that information to them so that's where it's at if there's any update I happen to give it to you yeah well someone has said something for them to come in there and say these are a problem here so yep You've got to consider, over the last 12 months, you guys have been in power now for the last 12 months, the new council. There's been a lot of changes there. There's been a lot of people who have resigned. There have been some people who have retired as well. But there's certainly a lot of things going on, and there's people from the outside world going, say, "Well, what's going on?" You know? - Yeah, and I understand that. “
Councillors Are Covered
The law is black and white:
Section 7: Councillors are included as “workers” when carrying out council duties.
Section 19: Councils must ensure, so far as is reasonably practicable, the health and safety of workers — including psychological safety.
Section 27: Officers (which includes the mayor) must exercise due diligence to ensure the council complies with its WHS duties.
Section 28: Workers (councillors) must take reasonable care of their own safety and the safety of others in debate.
No loopholes. No grey areas. Councillors are covered, and the mayor has obligations.
To confirm this position, a complaint I made is being looked at
The Mayor’s Role in the Chamber
Patricia White isn’t just another vote around the table. As chair of meetings, her role is to:
Maintain order.
Prevent and manage disorderly conduct.
Ensure councillors comply with the Code of Meeting Practice.
Those procedural duties intersect directly with WHS law. If bullying happens in debate, the mayor must act to stop it. Oh, and she must not be a bully (that is a bummer).
If councillors are intimidated or harassed, the mayor must intervene. If she fails, she risks breaching her own legal duties under sections 19 and 27 of the WHS Act. So when you are watching future meetings, you can monitor for breaches of this provision.
This is not optional. It is the law.
A Mayor Without a Grip
Patricia White has been on council since 2012. If after more than a decade she doesn’t know that councillors are covered by WHS legislation, that is astonishing ignorance. Worse, it is dangerous.
SafeWork NSW has already reminded Shoalhaven Council of its obligations after a complaint was lodged, as I understand it by the local member and maybe the formater Cr Johnston.
For the mayor to deny coverage, or to show “no idea” about her responsibilities, signals a culture of complacency — one where bullying can flourish and councillors are left unprotected.
That is not leadership. That is negligence.
I have written to the CEO to see what he will do about this appalling situation.
Why It Matters
We demand that staff comply with WHS rules. We expect businesses to protect their workers. Why should our councillors — the people we elect — be treated as exceptions?
The chamber is a workplace. Councillors are workers. The mayor is an officer. The law is clear.
In my opinion, if Patricia White cannot grasp these basics, then she has no business chairing council meetings.
She had better get on top of the law, and quickly, because ratepayers deserve a mayor who not only knows her obligations but fulfils them in a legal, diligent, and professional manner.
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Disclaimer: This article provides analysis and commentary based on publicly available information and council transcripts. It does not make allegations of misconduct by any individual. Readers should verify details independently before drawing conclusions.
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