The Queensland Times: Queensland: Friday, August 25, 2017.
THE council
has refused to process a Right To Information request lodged by the QT
regarding defamation suits against former mayoral candidate Gary Duffy.
In July, the
QT lodged a request specifically asking for financial information on the
defamation suits launched against Mr Duffy, following the 2016 local government
elections.
The suits
concern CEO Jim Lindsay and also former mayor Paul Pisasale.
The council
has been asked to supply this information on a number of occasions. This week,
the council's acting corporate services and risk manager responded to the RTI
request, saying the application would not be dealt with.
"Council
has formed the view that the application has triggered section 42 of the RTI
Act, as dealing with the application will substantially and unreasonably divert
resources of Council from their use by Council in the performance of functions
within the mean of s.41 of the RTI Act," the letter reads.
A notice of
this decision, included in the letter, states the council estimates complying
with the QT's request would return more than 2000 pages of documents.
It included
an option to "consult" with the council on the request regarding
wording, which may result in the council handing over some documents detailing
financials information in relation to the suit.
In response
to a previous query on this subject in June, the council told the QT:
"Council does have a policy that may cover costs.
"Whether
or not the cases are funded by council will be based on the outcome of each
individual case.
"In most
cases, the losing party will pay costs for the other side."
Under the
Councillors and Officers Liability Insurance Policy, held by the council via
the Local Government Mutual Insurance Scheme, councillors are entitled to legal
assistance.
The former
mayor - who is no longer entitled to legal assistance through the council - and
CEO Jim Lindsay are suing Mr Duffy for defamation.
Mr Duffy ran
for mayor in the 2016 local government elections and again in Saturday's
mayoral by-election, the results of which are yet to be officially declared by
the Electoral Commission Queensland, although Cr Andrew Antoniolli is the clear
leader has claimed victory.
While many
local governments keep a publicly available online list detailing RTI requests,
Ipswich City Council does not.
The council
is technically not required to publish a disclosure log, but is strongly
encouraged to do so by regulator, the Information Commissioner.
A
spokesperson for Ipswich City Council said the policy was under review.
"...the
council is working with the office of the Information Commissioner. There is
likely to be a number of recommendations as part of that process," the
spokesperson said.
What we
asked for
All internal
documents including emails, lawyers' letters, memos, and official
correspondence regarding former mayor Paul Pisasale's and CEO Jim Lindsay's
defamation suits against Gary Duffy. Specifically, any and all reference to
costs ($), amounts paid and/ or outstanding bills. Date range: February 2016 to
present.
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