In findings handed down at last week’s Manningham council meeting, a councillor conduct panel convened by the Municipal Association of Victoria found Cr Chuah breached the code of conduct by failing to disclose to his fellow councillors plans to expand the Chinese nursing home in Donvale’s green wedge.

In December 2009, On Luck’s owner the Chinese Community Social Services Centre Inc applied directly to then planning minister Justin Madden to approve a $10 million-plus expansion of On Luck, without consulting with Manningham council. Earlier this year, councillors David Ellis, Stephen Mayne and Grace La Vella called for a councillor conduct panel into Cr Chuah, after On Luck’s expansion was approved by the state government.

While the panel did not go so far as to find Cr Chuah had a conflict of interest when he voted against a rival Park Orchards nursing home bid, and when he voted to review council-owned nursing home the Manningham Centre, it did suggest Cr Chuah should not have voted.

The panel also found Cr Chuah intended to ‘‘mislead or deceive’’ council over the renumeration he receives as CCSSCI chairman, and when he told council On Luck was applying for a Chinese-specific pool of bed licenses – which did not exist. Cr Chuah is required to formally apologise at the December council meeting. An Local Government Inspectorate investigation into Cr Chuah, On Luck and Park Orchards is continuing.

Cr Ellis said the findings vindicated himself and Cr Mayne, who CCSSCI had threatened with defamation. ‘‘The penalty is a slap on the wrist, but the findings are a sledgehammer,’’ he said.

Cr Chuah and CCSSCI did not respond to requests for comment.