Narrabri Shire Council: ex-councillor Ann Loder who has breast cancer faces bankruptcy over failure to submit form

Ann Loder said she was ordered to pay $40,000 in legal costs last month after she lost a court battle with Narrabri Shire Council (NSC) in the NSW Land and Environment Court to ask for her seat on the council back.

The council argued it had no option but to remove her, because the three meetings Ms Loder missed automatically triggered a vacancy, as per the NSW Local Government Act.

Despite existing in a haze of pain medications after a double mastectomy, Ms Loder maintains she continued to put in apologies for meetings but these weren't considered a formal leave of absence.

"In effect, the punishment doesn't fit the crime," she said.

"I was going to have to pay thousands of dollars for not filling out the form, I have a $40,000 debt with the council that they want paid by the end of the month.

"I only just finished my treatment and every three months I have to have tests, I can't afford it.

"If they come after me they will bankrupt me, my husband and our kids and I will lose our house.

"That's the bottom line."

Ms Loder was ordered to pay the court costs of the council by Judge Nicola Pain in the NSW Land and Environment Court on April 15.

Even though Ms Loder had made apologies, she had been warned on a number of occasions that she needed to submit the leave of absence form, a NSC spokeswoman said.

"It is important to understand that the vacancy occurred, not through any decision of the council, but automatically under the law because Ms Loder was absent from three consecutive ordinary meetings of Council without leave of absence," she said.

"The Council recognised this risk and was in regular contact with Ms Loder throughout the three months preceding her automatic vacancy, requesting Ms Loder lodge a leave of absence to allow her to focus on her health.

"Upon Ms Loder automatically vacating civic office, she brought proceedings against the council, which subsequently resulted in the court confirming the operation of the Local Government Act."

Read also:

The council spokeswoman maintained Ms Loder tried to challenge a long-term, "well-understood" differentiation in local government that an apology for non-attendance is not a leave of absence.

"In its case, the council presented numerous examples where a clear delineation has been made between an apology and leave of absence dating back two decades," she said.

"Council submitted further evidence of all councillors being made aware of the difference between the two and their related obligations."

Ms Loder was elected to the council in September 2016, and failed to attend ordinary council meetings on February 25, March 24 and April 28, 2020.

A GoFundMe is expected to be started to help pay the legal fees.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: