Local government: confidentiality
Mr BROOKS (Bundoora)
β I wish to raise a matter for the attention of the Minister for Local Government. The specific action I seek is that she introduce changes to the administration of local governments to ensure greater transparency when confidential matters are considered.
Members would be aware that section 89 of the Local Government Act 1989 currently allows for councils to declare some items of their meetings closed to the public. That provision has been used in a responsible manner by local government for some time; however, there have been many relevant reports recently, centring on the City of Melbourne. I am not aware of the detail of those particular issues, but they have drawn back to my attention some concerns I have had about one of my local councils, Banyule City Council, and its increasing use of confidentiality provisions in council meetings, particularly over the last few years. Some research my office did found that in 2009 there was a large increase in the number of items considered confidential; there were 24 items. That rose to 40 items in 2010, and I understand there are already 40 such items this year, with a few meetings to go.
I think it is important that the local government minister have a look at this particular area and see whether the act needs to be changed or whether her local government office could work with councils to ensure that where there are high levels of confidentially considered items they are legitimately confidential
Alternatively it could be that information about items should be made public at a later date if the items no longer require confidential status. It could also well be that the Local Government Act 1989 could be altered so that councils have to give more information at the time they state an item is going into confidential consideration.
There is a well-known saying originally stated by a former US Supreme Court justice that sunlight is the best disinfectant. Where local government is concerned it is important that as much business as possible be transacted in the open so that local communities and the local media in many cases are able to make a judgement about what is transacted by a particular council. I ask the minister in good faith whether she could consider these requests and come back to me in due course.
NEWS FLASH: MORE SECRECY!
Another 2 CEO Special Committee Meetings have been announced. As per usual, the announcements are buried under ‘Public Notices’ on Council’s webpage. See the uploaded announcement here
November 10, 2011 at 10:05 AM
Darebin Council is a mere babe in the woods when compared to Glen Eira. We’ve taken a rapid count of all the ‘in camera’ items for 2011 thus far – excluding Special Council Meetings and of course the secret CEO Special Committee Meetings. Our figures are:
75 ITEMS HELD IN CAMERA
ONLY A MERE 27 ITEMS REPORTED ON IN THE RESULTING MINUTES
November 10, 2011 at 10:34 PM
Add to this the less than 2% of planning applications that come to an open council then practically everything of importance is created and implemented either in secret or with very limited public and councillor scrutiny.
November 10, 2011 at 10:12 AM
These 75 items are only the ones that are declared. I’m sure that there are countless other items that simply do not appear on the agenda and that are negotiated behind the closed doors of assembly meetings. The perfect example of this would be all those requests for reports that never seem to make it onto the council chamber floor!
November 10, 2011 at 12:25 PM
Mr. Brooks quotes a former US Supreme court Justice as saying sunlight is the best disinfectant. Spot on. We have so many dark recesses at City Hall that need disinfecting.
Incidentally, remember the Babylonian Law Code of Hammurabi? The code is addressed to, among others, Shamash, the God of Justice. We moderns know Shamash as the Sun god. He was the Babylonian god of justice because he shone a bright light upon everything, thus ensuring transparency and justice for all.
So let us all pray to Shamash, that He may shine His cleansing rays upon our city.
November 10, 2011 at 1:16 PM
What needs to happen is that the power of the administration be curtailed savagely and that they be made far more accountable. If councillors do not have the necessary nous and fortitude to impose their own will on rampaging ceos then they need the support of legislation. The history of this council shows that Newton is forever running rings around our councillors and they simply let it happen time and time again. He is not my representative and I don’t see why he should have all this power.
November 10, 2011 at 3:35 PM
The best thing to do is to vote out the conservative councillors that enjoy and support this abuse, and I might add, keep it going.
This means not voting for Liberal candidates, who ever they are.
November 10, 2011 at 4:23 PM
Disagree. Don’t vote for lawyers – that’s if they’ve got the courage to stand again.
November 10, 2011 at 8:07 PM
I would sooner have a Liberal or independant than someone like Labor man Magee. He is thinking he can become mayor. He was supporting Rob Hudson in Bentleigh during the last election. He gets his stories mixed up and sometimes confuses fact with fiction. Some think he has told a couple of real big porkies along the way. Not suitable as a Councillor let alone a Mayor.