NSW Local Council Releases Documents Showing A Governance Manager
Used Public Monies To Have A Factual Media Release Removed From
Numerous Online News Publications, 20.10.2021
NSW Freedom of Information Advocate Telina Webb has successfully obtained a number of accounting records originating from Port Stephens Council showing senior management including several in-house solicitors approved payments exceeding $5,000.00 of public monies to Sydney-based legal firms, engaged to have a published media article deleted from the internet.
The money was paid to Lindsay Taylor Lawyers and Level 22 Barristers for the purposes of securing the removal of a media release issued by Ms Webb in June 2021.
Of most concern to Ms Webb is that the documentation shows Council has deliberately attempted to cover up the reason for the payment under the guise that it was connected to certain NCAT proceedings, which had concluded before the charged-for dates noted on the invoices. This was evidenced by the NCAT Case Matter Number inserted on the documentation.
Ms Webb contacted the online news publications shortly after confirming the media release had been published, the result of a colleague informing her he’d had difficulty locating the articles.
“My media release was ‘live’ for a total of seven days”, Ms Webb stated.
The representative of each of the online publications thereafter confirmed they had received correspondence from Lindsay Taylor Lawyers Partner Carlo Zoppo, insisting the publications be deleted.
Neither Carlo Zoppo nor any person within Port Stephens Council contacted Ms Webb with any objections to the publication of the media release. Instead, Carlo Zoppo bypassed Ms Webb, apparently under Council’s instructions, and approached the publications directly.
“Any reasonable person would agree the person’s contacted by Carlo Zoppo were likely intimidated by his correspondence, and that's why they complied with the instructions at first instance,” stated Ms Webb.
The deleted media release made specific reference to Solicitor Carlo Zoppo, Sydney Barrister Brenda Tronson, Council’s Head of Legal Services Lisa Marshall, and Council’s Governance Manager Tony Wickham. It also highlighted Ms Webb’s successful argument NSW Civil & Administrative Tribunal (NCAT) Member Francis Marks had acted with bias in determining one of her matters before him.
The request for the particular Port Stephens Council accounting records made under the GIPA Act 2009, asked for full disclosure of the amount of funding paid for the ‘legal services’ associated with having the media release deleted from the online publications, and also asked for the approvals for expenditure.
“The fact a NSW Local Council would even consider using public monies for personal use, and then go further to use that money to deliberately interfere with the media, obstructing freedom to express opinion and share information, is absolutely extraordinary and the public should be outraged,” said Ms Webb.
Ms Webb requested the accounting records out of concern that public monies were being misused for personal purposes by a number of Council Executive Staff and not for the purpose of Port Stephens Council’s general business or for the benefit of the community of the Port Stephens Shire.
Whilst Council did provide the accounting records, partially redacted but showing the amounts paid, Council did not provide any approvals for expenditure.
Ms Webb has requested an external review of Council’s administrative decision, by the NSW Office of the Information and Privacy Commissioner (IPC) in accordance with the GIPA Act 2009.
• Tony Wickham can be contacted on 0408 497 649• Lisa Marshall can be contacted on 0408 978 884• Carlo Zoppo can be contacted on 0410 451 736• Brenda Tronson can be contacted on (02) 9151 2212
The money was paid to Lindsay Taylor Lawyers and Level 22 Barristers for the purposes of securing the removal of a media release issued by Ms Webb in June 2021.
Of most concern to Ms Webb is that the documentation shows Council has deliberately attempted to cover up the reason for the payment under the guise that it was connected to certain NCAT proceedings, which had concluded before the charged-for dates noted on the invoices. This was evidenced by the NCAT Case Matter Number inserted on the documentation.
Ms Webb contacted the online news publications shortly after confirming the media release had been published, the result of a colleague informing her he’d had difficulty locating the articles.
“My media release was ‘live’ for a total of seven days”, Ms Webb stated.
The representative of each of the online publications thereafter confirmed they had received correspondence from Lindsay Taylor Lawyers Partner Carlo Zoppo, insisting the publications be deleted.
Neither Carlo Zoppo nor any person within Port Stephens Council contacted Ms Webb with any objections to the publication of the media release. Instead, Carlo Zoppo bypassed Ms Webb, apparently under Council’s instructions, and approached the publications directly.
“Any reasonable person would agree the person’s contacted by Carlo Zoppo were likely intimidated by his correspondence, and that's why they complied with the instructions at first instance,” stated Ms Webb.
The deleted media release made specific reference to Solicitor Carlo Zoppo, Sydney Barrister Brenda Tronson, Council’s Head of Legal Services Lisa Marshall, and Council’s Governance Manager Tony Wickham. It also highlighted Ms Webb’s successful argument NSW Civil & Administrative Tribunal (NCAT) Member Francis Marks had acted with bias in determining one of her matters before him.
The request for the particular Port Stephens Council accounting records made under the GIPA Act 2009, asked for full disclosure of the amount of funding paid for the ‘legal services’ associated with having the media release deleted from the online publications, and also asked for the approvals for expenditure.
“The fact a NSW Local Council would even consider using public monies for personal use, and then go further to use that money to deliberately interfere with the media, obstructing freedom to express opinion and share information, is absolutely extraordinary and the public should be outraged,” said Ms Webb.
Ms Webb requested the accounting records out of concern that public monies were being misused for personal purposes by a number of Council Executive Staff and not for the purpose of Port Stephens Council’s general business or for the benefit of the community of the Port Stephens Shire.
Whilst Council did provide the accounting records, partially redacted but showing the amounts paid, Council did not provide any approvals for expenditure.
Ms Webb has requested an external review of Council’s administrative decision, by the NSW Office of the Information and Privacy Commissioner (IPC) in accordance with the GIPA Act 2009.
• Tony Wickham can be contacted on 0408 497 649• Lisa Marshall can be contacted on 0408 978 884• Carlo Zoppo can be contacted on 0410 451 736• Brenda Tronson can be contacted on (02) 9151 2212