Breach inquiry ‘undemocratic’

By Jim Mynard
ARALUEN Ward councillor Rob Wilson has questioned the right of City of Casey Council to adjudicate on a claim that he breached the Privacy Act.
The council had listed the complaint made against Cr Wilson for the Tuesday 4 October in camera committee meeting.
The complaint was based on a claim that Cr Wilson provided confidential information about a member of the Casey Rate Review Committee to his secondary college students.
One member of the committee Neil Laird said earlier this year that a student contacted him on his private email address.
The review committee then advised the council of a possible breach of the Privacy Act and a formal complaint about the issue was also made to the council.
The council on Tuesday 19 July appointed Nick Batskos to conduct an independent investigation of the complaint.
Based on advice from his report, the matter was brought back to an in camera meeting.
The council’s policy in such cases is that it will form a committee to investigate the complaint.
However, the councillor about whom the complaint is made is not eligible to sit on the committee.
The matter would normally have been handled behind closed doors with an in camera committee meeting, but Cr Wilson claimed the process was flawed.
He chose to publicly protest about the system.
Cr Wilson was given leave to make a personal statement to the council meeting and said the complaint was frivolous.
He said council officers placed the matter on the in camera agenda because they were locked into an undemocratic system that did not provide natural justice to the accused person.
“Our court system is open and transparent with everything happening in public,” Cr Wilson said.
“Defendants can put their case in a court.”
Cr Wilson said the council system presumed the defendant guilty and had to prove innocence.
“This is against all the principles of law we inherited under the Westminster system,” he said.
“I believe that this has turned into another personal and political victimisation designed to come out into the public realm just before an election.
“Questions must be asked about the level of support councillors get when false allegations or even true allegations are made.
“Councillors should reject establishment of a secret committee and reject frivolous and unfounded allegations.”
The council decided during the in camera meeting to form a committee of council pursuant to consider and determine upon Mr Batskos’ report.
Casey mayor Neil Lucas will chair the committee.
The council also agreed to make legal advice and advice from the council’s insurers available to Cr Wilson.