OSCAR had been very concerned about the number of confidential items in Council meetings and in particular the apparent overuse of these by the SCRC in the past.

We acknowledge, however, that there are good recent signs that this problem is being rectified in the case of the SCRC and hope this continues into the future. The unanimous support of councillors in the SCRC for a Review of the Classification and Management of Council Information at the January 2021 Ordinary Meeting is a welcome initiative and we will monitor, with interest, the outcome of this review.

The figures below document the number of confidential items in Noosa and Sunshine Coast meetings and do not take account of actions by either council to release confidential details and/or reports after the decision has been made – something OSCAR applauds.

The SCRC now publishes a register of its confidential items and agenda items that contain confidential attachments:

Noosa – regrettably Noosa Council no loner publishes this information. OSCAR is currently lobbying for this to change.

SCRC

Number of items

Noosa Council

Sunshine Coast Regional Council

Current term – from April 2024

 TBA 13

Previous term – from April 2020 to March 2024

 36 items 41 items

April 2016 – March 2020 total

 17 items 208 items

 

NOTES:

  • We have never referred to our statistics as representing the number of confidential meetings; rather it refers to the number of confidential items or items containing confidential attachments considered in Ordinary or Special Meetings.
  • We have always acknowledged that there are no actual decisions made in closed sessions; having said that, it is often difficult, if not impossible, to determine from published meeting minutes what the decision actually was and how Councillors came to their decision given the information published.

Relevant legislation (current)

The legislation that governs the use of closed sessions in council meetings is contained in Section 254J of the Local Government Regulations 2012.

254J Closed meetings

(1) A local government may resolve that all or part of a meeting of the local government be closed to the public.

(2) A committee of a local government may resolve that all or part of a meeting of the committee be closed to the public.

(3) However, a local government or a committee of a local government may make a resolution about a local government meeting under subsection (1) or (2) only if its councillors or members consider it necessary to close the meeting to discuss one or more of the following matters—

(a) the appointment, discipline or dismissal of the chief executive officer;
(b) industrial matters affecting employees;
(c) the local government’s budget;
(d) rating concessions;
(e) legal advice obtained by the local government or legal proceedings involving the local government including, for example, legal proceedings that may be taken by or against the local government;
(f) matters that may directly affect the health and safety of an individual or a group of individuals;
(g) negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government;
(h) negotiations relating to the taking of land by the local government under the Acquisition of Land Act 1967;
(i) a matter the local government is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State.

(4) However, a local government or a committee of a local government must not resolve that a part of a local government meeting at which a decision mentioned in Sections 150ER (2), 150ES (3) or 150EU (2) of the Act will be considered, discussed, voted on or made be closed. [NB These provisions relate to councillor Conflict of Interest matters.]

(5) A resolution that a local government meeting be closed must—

(a) state the matter mentioned in subsection (3) that is to be discussed; and

(b) include an overview of what is to be discussed while the meeting is closed.

(6) A local government or a committee of a local government must not make a resolution (other than a procedural resolution) in a local government meeting, or a part of a local government meeting, that is closed.

OSCAR’s view

OSCAR believes this regulation is still too general and allows councils far too much latitude in terms of what they deem appropriate to be considered in closed sessions. The notion that councils may resolve to close a meeting to the public is too often interpreted incorrectly (but deliberately) as will resolve.

This results in a lack of transparency and places the interests of councils themselves and those of commercial organisations above the rightful interests of the community in general and ratepayers in particular.

The overuse of closed sessions also flies in the face of the principles of local government that are outlined at the start of the  Local Government Act 2009 —

(a)  transparent and effective processes, and decision-making in the public interest; and
(b)  sustainable development and management of assets and infrastructure, and delivery of effective services; and
(c)  democratic representation, social inclusion and meaningful community engagement; and
(d)  good governance of, and by, local government; and
(e)  ethical and legal behaviour of councillors and local government employees.

OSCAR will continue to advocate with our councils and with the State government in order to achieve further reform on this issue; we believe there is a need for a resetting of the balance between genuine situations where confidentiality may be appropriate and the legitimate rights of the community to know how their councils are acting on their behalf.

We believe overuse of closed sessions inevitable creates a “culture of secrecy” around key council activities and undermines the confidence of the community that the actions of councils are in fact in the best interests of the community they serve.