Privacy breach claims deepen

THE City of Casey has formed a special committee of council to investigate a claim that Araluen Ward councillor Rob Wilson had breached the Privacy Act.
Casey Rates Review Committee member Neale Laird lodged the complaint after one of Cr Wilson’s students used his private email address.
The council committee will decide whether or not information given to the student breached the Privacy Act.
The issue was first aired after the rates review committee referred the matter to the council.
The council acted after a formal complaint was made and on 19 July engaged Nick Batskos to conduct an independent investigation.
The matter was brought back to the 4 October incamera committee meeting after Mr Batskos lodged his report.
The council then formed a committee chaired by Casey mayor Neil Lucas.
Under council policy the councillor about whom the complaint is made is ineligible to sit on the committee.
However, Cr Wilson angrily attacked the process and claimed it was wrong for the council to try one of its own.
He asked for leave to make a personal statement and said he publicly protested against the system.
Cr Wilson said council officers were forced by the policy to place the matter on the agenda because they were locked into an undemocratic system that did not provide natural justice to the accused person.
“Our court system is open and transparent with everything happening in public,” he said.
“Defendants can put their case in court.
“I declare that I have not breached the Privacy Act.
“I put forward to the council that the information provided to me from the council was not marked confidential nor was it on pink pages to indicate that it was confidential.
“I put forward to the council that the Casey Rate Review Committee was and is probably our most public of committees, given the heated council debate, the exclusion and then inclusion of one member of that committee.
“If these members were not meant to be contacted then why did we have people representing the views of various groups in the community if people could not contact them?”
He said the council system presumed the defendant was guilty and had to be proven innocent.
“This is against all the principles of law we inherited under the Westminster system.
“I believe that this has turned into another personal and political victimisation designed to come out into the public realm just before an election. “Questions must be asked about the level of support councillors get when false allegations or even true allegations are made.
“Councillors should reject establishment of a secret committee and reject frivolous and unfounded allegations,” he said.
The council agreed to make legal advice and advice from the council’s insurers available to Cr Wilson.