Council successful at NCAT hearing

This morning Council was successful in preventing the release of commercially sensitive information and a breach of a legally binding commercial contract.

Council proposed to the NCAT that Councillor Darley be provided with access to certain information that was previously offered to her by the Council many months ago.

The offer to resolve the matter was made by the Council after Councillor Darley provided information to the Council and to the Tribunal that she did not want access to commercially sensitive information about the Eels Partnership.

The Council has from the commencement of this matter tried to resolve the matter with Councillor Darley to avoid the cost of litigation to the community. Council has suggested mediation, and other attempts to resolve the matter including access to certain documents.

However, Councillor Darley has not engaged with Council and has chosen to take the matter to a hearing in the NCAT.  This has meant that Council has had to engage lawyers and prepare evidence from three Council officers and the Eels to protect the commercially confidential information and to address the matters raised by Councillor Darley.

Councillor Darley’s acceptance of Council’s offer today means that she can now be provided with the same documents that Council previously offered to her some months ago. This delay by Councillor Darley in accepting Council’s offer has come at significant expense to the community.

This morning’s outcome is consistent with Council’s position to continue to promote the public’s right of access to information, whilst protecting commercially sensitive information held by the Council.

Councillor Darley also made submissions alleging systemic problems with Council’s decision-making processes. The allegations are strenuously denied by the Council and the Tribunal refused to entertain the allegation.

Now that Councillor Darley has agreed that she does not want access to commercially sensitive information, Council is able to release further information.

Councillor Darley has been ordered to provide Council with additional information within 7 days to enable Council to determine her application.

The CEO of the City of Parramatta Gail Connolly PSM stated that, “the Council always takes seriously its responsibility to protect the private and commercially sensitive information provided by members of our community.

“Council will continue to zealously protect the confidential information that it holds to ensure that public confidence in the good governance of the City is maintained at all times. Council has been successful today in protecting that information and preventing a breach of our commercial contract with the Eels.”

The matter has not concluded and has been adjourned to 9 September 2024.