Public

Transparency

Policy

August 2020

023 - 0120

Brimbank City Council (Council) must adopt and maintain a public transparency policy under section 57 of the

(

).

2.1

The objective of this policy is to give effect to the Public Transparency Principles outlined in section 58 of

.

2.2

The following are the public transparency principles outlined in section 58 of the

—

a) Council decision making processes must be transparent except when the Council is dealing with information that is

confidential by virtue of

or any other Act;

b) Council information must be publicly available unless—

(i) the information is confidential by virtue of

or any other Act; or

(ii) public availability of the information would be contrary to the public interest;

c) Council information must be understandable and accessible to members of the municipal community;

d) public awareness of the availability of Council information must be facilitated.

This policy applies to Councillors and staff of the Council.

For the purposes of this policy, Council adopts the following definitions:

Closed Meetings

When Council resolves to close the meeting to the general public

Consultation

The process of seeking input on a matter.

Public Participation

Public participation encompasses a range of public involvement, from simply informing

people about what government is doing, to delegating decisions to the public and

community activity addressing the common good.

Stakeholder

An individual or group with a strong interest in the decisions of Council and are directly

impacted by their outcomes.

Transparency

A lack of hidden agendas or conditions, and the availability of all information needed in

order to collaborate, cooperate and make decisions effectively.

2

Public Transparency Policy 2020

5.1

Council must make decisions in accordance with its obligations under Law, Rules and adopted policy.

5.2

Council must ensure that decisions made at Council Meetings are:

a) Undertaken in accordance with

and the Governance Rules.

b) Conducted in an open and transparent forum, unless in accordance with the provisions in

and Governance Rules.

c) Informed through community engagement, in accordance with the Community Engagement Principles and the

Community Engagement Policy.

d) Made fairly and on the merits, and where any person whose rights will be directly affected by a decision of the Council,

that person will be entitled to communicate their views and have their interests considered, in accordance with the law.

5.3

Council must display records of its meetings in accordance with its Governance Rules and Streaming Council Meetings Policy.

The public will be able to access the minutes and video recording of meetings.

5.4

Where Council closes a meeting to the public, or closes part of a meeting to the public, on the grounds that an item is

confidential, it will specify the legal basis upon which the meeting is closed in accordance with the

. The

Minutes will also show the basis on which the meeting is closed.

5.5

Where possible, resolutions that are made when a meeting is closed on the grounds that the item is confidential will be made

public once the confidential nature of the information has lapsed.

5.6

Council published an agenda prior to the Council meeting, ensuring that the municipality may ask a public question about

items that will be considered at that meeting in accordance with its Governance Rules.

Public Transparency Policy 2020

3

6.1

Brimbank City Council ensures that Information is made available on the Council website, open data, at Council offices, or by

request.

6.2

Council seeks to ensure that its communications are able to be understood by the municipality. For this reasons Council

Officers are required to draft their reports in plain English and avoid technical language where possible.

6.3

Brimbank is an inclusive community and at Council we seek to provide information to our community in a way suitable to their

needs, this includes translation services and providing information in other forms.

6.4

Council is under statutory obligations to seek community feedback on a number of items. A Community Engagement Policy is

also a mandatory requirement for Councils and sets outs out our commitment to let you know about our decision making.

6.5

Council’s media team will facilitate the publication of Council Information on its website, social media channels, local

newspapers and by public display on Council land.

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Public Transparency Policy 2020

7.1

Council publishes a range of newsletters, reports and handbooks for residents, businesses and visitors to council. You can

download them from the website or call Council for a copy. Some of these publications are available at Council’s Libraries.

7.2

The Council will make the following records available on its website:

• Council meeting agendas;

• Reporting to Council;

• Minutes of Council meetings;

• Reporting from Advisory Committees to Council through reporting to Council;

• Audit and Risk Committee Performance Reporting;

• Terms of reference or charters for Advisory Committees;

• Registers of gifts, benefits and hospitality offered to Councillors or Council Staff;

• Registers of travel undertaken by Councillors or Council Staff;

• Registers of Conflicts of Interest disclosed by Councillors or Council Staff;

• Submissions made by Council;

• Registers of donations and grants made by Council;

• Registers of leases entered into by Council, as lessor and lessee;

• Register of Delegations;

• Register of Authorised officers;

• Register of Election campaign donations.

• Summary of Personal Interests

• Any other Registers, Policies, Processes or Records required to be made public by legislation

7.3

Consistent with the Part II statement of the

, Council will make available the following records

for inspection. Examples include but are not limited to:

• Summary of Personal Interests (‘Register of interests’ until 24 October 2020); and

• Submissions received under section 223 of the

until its repeal or received through a

community engagement process undertaken by Council.

Public Transparency Policy 2020

5

8.1

Some Council information will not be published but can be requested from Council. You may be required by Council to make a

formal Freedom of Information Application.

8.2

The

gives you right of access to documents that Council hold. Council is committed to, where

possible, proactive and informal release of information in accordance with the Freedom of Information Professional Standards

issued by the Victorian Information Commissioner. Read more at www.ovic.vic.gov.au.

8.3

A list of available information is provided in the Part II Statement (Statement) published on Council’s website in accordance the

. This Statement requires government agencies and local councils to publish a number of

statements designed to assist members of the public in accessing the information it holds.

8.4

Council will respond to requests for information in alignment with

, the

, and this

policy. Consideration will be given to accessibility and cultural requirements in accordance with the

.

8.5

Other forms of information that Council creates, which you may wish to request, includes the below:

(i) Documents such as:

• Plans and Reports adopted by Council;

• Policies;

• Project and service plans;

• Grant application, tenders and tender evaluation material;

• Service agreements, contracts, leases and licences;

• Council leases, permits and notices of building and occupancy; and

• Relevant technical reports and / or research that informs decision making.

(ii) Process information such as:

• Practice notes and operating procedures;

• Application processes for approvals, permits, grants, access to Council services;

• Decision making processes;

• Guidelines and manuals;

• Community engagement processes;

• Complaints handling processes.

8.6

If you can’t find the information you require, call us directly so we may assist you. We may be able to release this information

without requiring a formal request.

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Public Transparency Policy 2020

Some Council information may not be made publicly available, this includes information that the Council considers confidential.

“Confidential information” is defined in section 3 of the

. It includes the types of information listed

in the following table

Type

Description

Council business information Information that would prejudice the Council's position in commercial negotiations if

prematurely released.

Security information

Information that is likely to endanger the security of Council property or the safety of any

person if released.

Land use planning information Information that is likely to encourage speculation in land values if prematurely released.

Law enforcement information Information which would be reasonably likely to prejudice the investigation into an

alleged breach of the law or the fair trial or hearing of any person if released.

Legal privileged information Information to which legal professional privilege or client legal privilege applies.

Personal information

Information which would result in the unreasonable disclosure of information about any

person or their personal affairs if released.

Private commercial information Information provided by a business, commercial or financial undertaking that relates to

trade secrets or that would unreasonably expose the business, commercial or financial

undertaking to disadvantage if released.

Confidential meeting

information

Records of a Council and delegated committee meetings that are closed to the public to

consider confidential information

Internal arbitration information Confidential information relating internal arbitration about an alleged breach of the

councillor code of conduct.

Councillor Conduct Panel

confidential information

Confidential information relating to a Councillor Conduct Panel matte

Confidential information under

the 1989 Act

Information that was confidential information for the purposes of section 77 of the

Version

Version notes

Adopted

Review

Responsible

manager

1

New Policy as required by the

(Written before regulations available)

AUGUST 2020 AUGUST 2021 MANAGER,

GOVERNANCE

REVIEW

Responsible Manager: Manager Governance

Date Adopted:

18 August 2020

Date of Next Review: August 2021