A former Tasmanian mayor found guilty of breaching the state's local government act by renting out her visitor accommodation to two council employees has avoided punishment.
Former Glamorgan Spring Bay mayor Debbie Wisby rented her Triabunna Airbnb to two acting general managers over a three-month period in 2019, receiving a payment $3,300 from the council.
Ms Wisby was charged with four breaches of the Local Government Act in 2020 following a complaint by the Australian Services Union.
Today, Deputy Chief Magistrate Michael Daly found her guilty of two counts of misusing her office, and two counts of improperly using information.
Ms Wisby was mayor and councillor of Glamorgan Spring Bay when the council appointed two acting general managers, Ian Pearce and Harry Galea, and was aware that they were in need of local accommodation, with the cost to be refunded by the council.
Mr Pearce stayed at the accommodation between May 20 and July 9 in 2019, and Mr Galea from July 8 until August 11.
Magistrate Daly said Ms Wisby offered them a rate of $300 per week — well below her regular weekly rate of $833 — in a bid to reduce the amount of money spent by the council.
He labelled the case an "unusual" one, saying the discounted rate offered by Ms Wisby illustrated her "good intentions", but her process to do so breached the act.
Ms Wisby provided details of the arrangement to the entire council in June, and sought advice from a Department of Premier and Cabinet employee in August as to whether renting her accommodation to someone associated with the council constituted a conflict of interest.
"At the end of the day it can't be disputed that your intention was to reduce the impost of the council," Magistrate Daly said in sentencing.
Ms Wisby's lawyer Chris Gunson argued Magistrate Daly should not record a conviction as it could have an impact on her position on government boards.
He said Ms Wisby had attempted to save the financially strapped council money during an accommodation shortage, with the deal she offered contrary to her financial interests.
"I'd characterise this as a somewhat technical breach of the legislation with no ill motivation or motives, or nefarious conduct on the part of the accused," Mr Gunson said.
He said Ms Wisby had been subject to a "public and unrelenting campaign" against her by council employees and some councillors, and had received treatment for anxiety and depression.
Magistrate Daly noted Ms Wisby had faced "really significant consequences" as a result of her offending.
He convicted her on all four counts, but did not impose any further penalty.
