This media release was temporarily suspended on 25th March 2024 due to threats of legal action.  A copy of those threats along with our responses have since been published as a matter of public interest, noting Council has not replied.

Goulburn-Mulwaree Shire Council has today received its second community award as a NSW Government Stand-Out Agency. On Friday 13th February 2023 the Council was first added to the growing list of NSW government agencies who exhibit behaviours considered to be exceptional in the area of public service.

The February Award concerned Council's deliberate procrastination of a valid freedom of information request lodged by NSW Freedom of Information's Telina Webb. Ms Webb had lodged her request for information under letterhead, opting not to complete the Council's nominated form as some of its terminology was perceived to be ambiguous, in particular concerning how Council uses the personal information the public provides in the process.

Ms Webb had requested a full and unedited copy of the Minutes of the Meeting referred to in the case of Palerang, Queanbeyan, Goulburn-Mulwaree Councils v Powell (2015) NSWCATAD 44 (at P43). Within that caselaw Goulburn-Mulwaree's Ms Timothy is identified to have participated in a meeting with the other Applicant Councils, and had discussed Mr Powell's access applications.

"It is decidedly contemptuous of NSW government agencies to blatantly collude against members of the public, unlawfully sharing the public's personal information, and then using public monies for legal teams against those that are self-represented. These are facts that became clear after the NCAT's Decision was issued," stated Ms Webb.

"On behalf of the public of NSW, NSW Freedom of Information fully intends to call out such gross professional misconduct, breaching the legislation by sharing the public's personal information without consent to do so, and acting unlawfully. NSW Freedom of Information will particularly call out those who lay any claim to the title of governance when acting in this manner," she said.

In February the NCAT made clear to Council's Business Manager Governance Ms Maria Timothy, Council was required to respond to Ms Webb's request for information, particularly as the letter complied with the legislated parameters of the freedom of information legislation, the Government Information (Public Access) Act 2009 (GIPA).

Council insisted Ms Webb pay an advance deposit of $30.00 towards the Council's forthcoming decision, which Ms Webb views as punitive for taking her GIPA Application to the NCAT.

"So including the application fee of $30.00, the Council charged $60.00 and did not produce a page of information. This is nothing new unfortunately, the advance deposit mechanism of the GIPA Act 2009 is evidenced to be used when an agency already knows it will not be producing any documentation," stated Ms Webb.

Resultantly after the initial case conference with the NCAT, on 22nd February 2023 Council's Right to Information Officer Amanda Keegan issued her Notice of Decision stating no records were locatable within Goulburn-Mulwaree Shire Council. Ms Keegan did not transfer the request to its sister Council Palerang-Queanbeyan which is allowable under the Act. Ms Keegan also mentioned consultation with Council's Business Manager Governance Ms Timothy as part of her endeavours to locate any relevant documents.

Today Ms Timothy was expected to attend a case conference with Ms Webb and the NCAT, to ascertain whether or not the NCAT application would go forward or if Ms Webb intended to withdraw it. However, no appearance was made by any person representing Goulburn-Mulwaree Shire Council, which can easily be seen as acting in contempt of the NCAT.

The presiding member also confirmed it had not received any documentation from Council, inclusive of its Notice of Decision, which it was expecting.

"This award for "Stand-Out" Agency is well-deserved. The NSW access to government information process is a mandatory process, agencies must comply with it, and yet we see another blatant example of an agency responding to the public's legally enforceable right with arrogance and contempt, resenting the whole process and the public's rights. Such refusal to attend the judiciary nominated to oversee the review process is also seen for what it is, contempt for the NCAT. Those approaching this Council have the fundamental right to know what they can expect when seeking access to information, and NSW Freedom of Information will continue to publicise how Goulburn-Mulwaree Shire Council engages with the NCAT Ordered timetable for lodgement of evidence over the coming weeks," stated Ms Webb.

Contact:

Maria Timothy, (02) 4823 4467

Amanda Keegan, (02) 4823 4444