Temora Shire Council is facing ongoing legal costs with four matters before the NSW Civil and Administrative Tribunal (NCAT) with Councillor Anthony Irvine bringing the actions against the council under the Government Information (Public Access) Act 2009 (GIPA Act). The GIPA Act: • authorises and encourages the proactive release of information by NSW public sector agencies • gives members of the public a legally enforceable right to access government information • ensures that access to government information is restricted only when there is an overriding public interest against releasing that information. Release of information under the GIPA Act means that the information does not only become available to the applicant but becomes publicly available for anyone to access. In the May ordinary council meeting a report was presented to council on the status of the matters currently before NCAT. At the time the repot was written the legal costs were standing at more than $21,740, according to council documents, it was stated before the chamber, that since that report was penned an invoice for an additional $16,000 for legal fees has been received bringing the figure to more than $37,000. This comes on top of a past action, in February, bought by Cr Irvine coming in at $52,000 in which the councils position was affirmed. The report only includes above the line costs and does not include travel expenses or staff time involved in preparation to attend the hearings. Temora Shire Council mayor Rick Firman said, when addressing the report during the council meeting, that the director of finance and governance and council’s accountant have spent more time on these matters than anything else. “In a time when the council is preparing draft budgets, preparing for an audit and potentially preparing for a special rate variation it puts the organisation at risk of not being able to meet our requirements,” Cr Firman said. “I would like to point out that in relation to our role in this, applicants and councils are treated very differently at NCAT, as we’re a public authority we do have certain statutory obligations, and do need to be represented by legal representation. “So, we don’t have a choice other than to spend the money we are spending to defend ourselves on these matters.” Despite council receiving legal advice from a highly respected law firm that a deed poll of confidentiality is required in this case, as outlined by Cr Firman, on numerous occasions, it is the opinion of Cr Irvine that subjecting councillors to this requirement is “unlawful and unnecessary.” The deed poll of confidentiality is a document that enforces the information accessed is not shared publicly. Cr Irvine has never been refused the opportunity to view the document, he is just not permitted to share the contents publicly as it is covered under a deed poll of confidentiality, and he has chosen not to sign the document. Cr Irvine said that he is well within his rights to seek a review at NCAT. “That’s where we’re at with most of these matters,” Cr Irvine said. “I am a second term councillor, and I have never been asked to sign a confidentiality agreement to see anything else. “We see confidential stuff every month. “I’ve chosen not to sign a deed poll that I believe is unlawful and unnecessary as is my right. “Now you have failed to demonstrate any act or law that requires the signing of any such deed poll. “You might think this NCAT process is frivolous or vexatious or useless or costly, but I believe it’s actually allowing me to exercise my democratic rights.” Council will be represented by Lindsay Taylor Lawyers in the proceedings that include hearings heard on 3 June, 12 June and a future date 14 August as well as a mediation session that was listed for 1 June. During the discussion Cr Firman said that the burning question is: What is the end game in all of this? “It is just so disappointing that you are putting this organisation and our team through what you are,” Cr Firman said. “Yes, you certainly have a democratic right but in relation to the document that you are after, you can view it today, and you can view it tomorrow as long as you do what is asked, and you have chosen not to.”
