Council information leak revealed

SHELLHARBOUR City Council and local residents are about to face off in what is being called a landmark case in the Land & Environment Court, as Council seeks to obtain information on the identity of people it claims have been posting confidential council information on a community website.

According to Shellharbour council General Manager, Brian Weir, Council resolved unanimously at its meeting on 11 April 2006 to undertake an investigation into the leaking and unauthorised publication of confidential Council information by unidentified third parties.

As a result of the investigation and recommendations from Council's forensic advisers, Council has commenced proceedings, against named respondents, in the Land and Environment Court of NSW seeking orders and declarations relating to the leaking and unauthorised publication of confidential Council information, Mr Weir said.

Unauthorised disclosure of Council's confidential information is a breach of the Local Government Act 1993. The Land and Environment Court will determine whether unauthorised disclosures have taken place. The Council has briefed Mr Bruce McClintock SC, counsel expert in public law, administrative and local government law.

The proceedings have been brought against Shirley Hollis, Peter Moran and Michael Pasqualone, alleged as being the respective owner, moderator and administrator of an internet forum known as South Coast Councils Community Forum, which was until recently located at http://communityforum.ipaska.net.au.

Shellharbour City Council claim that confidential information on such subjects as the General Managers remuneration package, the draft DLG report and the dog pound were posted on the website, constituting an unauthorised disclosure of confidential information pursuant to sections 664, 673 and 676 of the Local Government Act.

According to Shirley Hollis, the website was originally established as a mechanism to publicise the soap box rallies being held in December 2005 and early 2006.

Thats (the soap box rallies) what the site was originally set up for, said Ms Hollis. As people became more and more frustrated with Councils restrictions on public participation, it grew into a more general forum where disillusioned residents would vent their anger and frustrations about Council and Council issues.

Peter Moran, who wrote to Council on November 30, advising that he had been the moderator of the site, said that as moderator it was impossible to know whether what people were posting on the website was confidential or not.

As the moderator, I cleaned up a lot of the language, blanked out peoples names and things of that nature, but I had no way of knowing if anything being said was confidential, Mr Moran said.

I also have no idea of the identities of the people who posted the information or comments yes, its quite likely that

I know them but I have no idea who they are.

Hollis and Moran claim that Councils court action is a witch-hunt against people who speak out against council.

Forcing the closure of the website and taking us to court is just the next step in Councils attempt to silence the community, Mr Moran said. They are asking us to identify individuals within the community who have posted comments or information on the website. Its like the McCarthy era of the 50s in the USA. Its a vindictive action and its not a reasonable action to take against the community.

The Local Government Act gives us the right to express our opinions as indeed does the very basis of a democratic society - freedom of speech.

Mr Weir says that The Department of Local Government has issued a letter to Council supporting the investigation into the leak of confidential information and the commencement of legal proceedings to identify the person(s) leaking the confidential information.

The decision to commence the investigation and subsequent proceedings was unanimously supported by Councillors and the Mayor who said they regard the leaking of confidential information as a serious disruption to the Council's affairs and one which has undermined public confidence in Council's ability to perform and discharge its functions, Mr Weir said. The determination of the leaking of confidential information is now a matter with the Land and Environment Court, and the Court will make a determination on the issues.

The application goes before the Land & Environment Court on Friday, December 20 for determination.

If Shellharbour Councils application is successful, the matter will be set down for hearing some time in the New Year.

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