Lucas dodges council email scandal

Ken Vernon   |  August 5th, 2011

AN urgent investigation into the interception of that city councillors’ emails by council bureaucrats could see top officials losing their jobs or even jailed.

But Deputy Premier and Local Government Minister Paul Lucas said the intercepts were `essentially an internal matter for the council to resolve in the absence of any significant breach of the Local Government Act’.

According to Gold Coast criminal lawyer Bill Potts, the council may have no choice but to report the matter to police.

“Under the Local Government Act, the council is obliged to report possible criminal acts to the police and there is no doubt that intercepting private emails is a criminal offence,” he said.

“Such actions are offences under both the Privacy Act and the Telecommunications Act and criminal charges laid against council officials could result in jail terms if they are found guilty.”

He said the council could also be liable for damages to people whose privacy was breached when their emails were intercepted.

He said the CMC also had the power to independently investigate and while suspects had the right to refuse to answer questions from the police, the CMC had coercive power to force them to answer.

Yesterday Mayor Ron Clarke ordered an inquiry into the email interceptions with a report to be presented to Council on Monday.

The council’s communications department yesterday refused to say whether the interception operation was still in effect.

“Well, I can only assume it has stopped,” Cr Clarke said. “It better be.”