VCAT DECISION A VICTORY FOR GOVERNMENT TRANSPARENCY
Member for Western Victoria Region, Bev McArthur welcomed the decision by the Victorian Civil and Administrative Tribunal (VCAT) to overturn the decision barring Surf Coast Shire Councillor Heather Wellington from publicly releasing an email that was sent to the Council.
Cr Heather Wellington made a Freedom of Information (FOI) request to the Surf Coast Shire, in order to release a document that contained an email sent by a resident to a councillor, in support of a planning permit application for helicopter flights from their property.
In response to Cr Wellington’s FOI request, an individual from the Council alleged that she had misused her position as a Councillor, leading to an investigation by the Local Government Inspectorate, from which she was later cleared.
The Office of the Victorian Information Commissioner decided to not approve Cr Wellington’s FOI request and barred the document from being publicly released, citing s 35(1)(b) of the Freedom of Information Act 1982, that the email was received in confidence. VCAT overturned this decision on 20 November 2019.
Quotes attributable to Bev McArthur MP:
“Local governments, like all forms of government, should be accountable and transparent. Cr Wellington was merely attempting to uphold these principles, yet she was met with intense obfuscation, investigation and antagonism.”
“The Surf Coast Shire wasted excessive amounts of ratepayers’ money fighting Cr Wellington over the release of documents that naturally should have been publicly available. This ratepayer money should have been spent on essential Shire services or not spent at all.”
“I echo the words of VCAT Senior Member Jonathan Smithers, who said ‘I do not accept that the applicant’s motives for seeking the release of the document under FOI are ‘not commendable’.’"
"In fact, Cr Wellington acted in the best interests of her ratepayers to whom she is accountable and I commend her for her perseverance and persistence against considerable hurdles and obstacles.”
ENDS
27 November 2019