Marrickville Council reforms confidentiality policy
Image: Councillor Max Phillips
By Sophie Schmidt
Marrickville Council has reversed its implied ban on disclosing confidential information between council and developers.
According to Greens Councillor Max Phillips, however, there is still a need for more transparent procedures.
Earlier this year, Cr Phillips released confidential information regarding a proposed Voluntary Planning Agreement (VPA) between local council and Meriton, the company responsible for developing the Lewisham Towers development project.
Cr Phillips’ leak revealed an offer from Meriton of $5 million in exchange for doubling the height allowances of their development.
He was then censured by Council for refusing to apologise for disclosing the information.
Marrickville Council subsequently suspended Cr Phillips for two months.
Shortly afterwards, Cr Phillips successfully appealed the suspension in the NSW Civil and Administrative Tribunal (NCAT).
The Tribunal found that at the time of the alleged breach there were no procedures or policy for councillors regarding disclosing information later claimed to be confidential during Voluntary Planning Agreements.
On appeal, the Tribunal determined that information could not retrospectively be deemed confidential as the contents of the November briefing had already been publically divulged before the business paper was distributed.
Marrickville Council was urged to develop relevant procedures following Cr Phillips’ appeal in early May 2014.
A spokesperson from Marrickville Council said that current policy addresses these procedures.
“Confidential items before council are dealt with in accordance with the Local Government Act and the guidelines issued by the Office of Local Government regarding the Closure of Council Meetings to the Public.”
Cr Phillips says that since the appeal, practice has improved significantly at council when it comes to dealing with VPAs.
“The office is much more conscious of both stating when something is confidential but also providing us with justification of why it is confidential.”
Last year, Cr Phillips, with the support of his Greens colleagues, presented a notice of motion to council to draft a policy addressing concerns of confidentiality.
“[Our] motion specifically dealt with issues of confidentiality… that the use of confidentiality should be minimised – and where it is used, it should be justified.”
The Labor and Liberal councillors present rejected the Greens’ notice of motion, instead favouring their own policy, which Cl Phillips claims “was broader – and didn’t get into the issue of confidentiality as much”.
“Whether the [current] policy is adequate or not, the jury is still out.”
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