Public Transparency Policy 

August

2024

Public Transparency Policy 

Council respectfully a

cknowledges and recognises Wurundjeri and Bunurong peoples as the

Traditional Custodians of this land and pays respect to their Elders past, present and future.

Council acknowledges the legal responsibility to comply with the Charter of Human Rights

and Responsibilities Act 2006 and the Equal Opportunity Act 2010. The Charter of Human

Rights and Responsibilities Act 2006 is designed to protect the fundamental rights and

freedoms of citizens.

The Charter gives legal protection to 20 fundamental human rights under four key values

that include freedom, respect, equality and dignity.

Public Transparency Policy 

2.1  

This policy applies to ............................................................................................................................... 5 

2.2   

This policy does not cover ...................................................................................................................... 5 

4.1  

Public Transparency Principles ............................................................................................................... 6 

5.1  

Decision Making at Council Meetings ..................................................................................................... 6 

5.2  

Requirements for Decisions at Council Meetings ................................................................................... 6 

5.3   

Records of Council Meetings .................................................................................................................. 6 

5.4   

Specifying the legal basis for closed Council Meetings .......................................................................... 7 

5.5   

Resolutions at Closed Council Meetings ................................................................................................. 7 

5.6   

Publishing agenda prior to Council Meetings ......................................................................................... 7 

6.1  

Availability............................................................................................................................................... 7 

6.2  

Accessibility ............................................................................................................................................. 7 

6.3  

Inclusivity ................................................................................................................................................ 7 

6.4  

Community feedback .............................................................................................................................. 7 

6.5  

Publication .............................................................................................................................................. 7 

7.1  

Accessing Council publications ............................................................................................................... 7 

8.1  

Accessing information under Freedom of Information .......................................................................... 8 

8.2  

How Council will respond to requests for information .......................................................................... 8 

8.3  

Statement of information held by Council ............................................................................................. 8 

8.4  

Council publications generally availbale ................................................................................................. 8 

8.5  

Other forms of information that may be requested .............................................................................. 8 

Brim

bank City Council (Council) is required by section 57 of the

(the

Act) to have a public transparency policy in place.

The purpose of Council's Public Transparency Policy is to promote openness and transparency in

Council decision-making and to ensure that the public is well-informed and able to participate in

these processes.

Greater transparency in Council's decision-making processes serves several important purposes:



: By making information about how Council manages public

resourc

es readily available, transparency promotes accountability and fosters public

trust.



Transparency allows residents and stakeholders to stay

infor

med about Council decisions, policies, and projects, empowering them to participate in

the decision-making process.



By providing more opportunities for residents and

s

takeholders to engage in discussions, express their opinions, and contribute to local

decision-making processes, transparency helps build community engagement and trust.



Involving diverse community perspectives in decision making

le

ads to more comprehensive and thoughtful outcomes

.



Transparency ensures compliance with laws and regulations, reducing the

li

kelihood of legal issues and potential conflict

s.

Councillors, including the Mayor and Deputy Mayor, and staff of the Council.

Council information that not appropriate to be publicly availability because it is protected by privacy,

confidentiality, legal privilege or otherwise contrary to the public interest.

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 involves various levels of engagement, including

informing the public about government activities, providing timely and

Public Transparency Policy 

6 

relevant information to facilitate participation, delegating decision-making

power to the public, and engaging in community activities that promote

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

Transparency is the principle of having no hidden agendas or conditions. It

involves providing all the necessary information to facilitate collaboration,

cooperation, and effective, well-informed decision-making.

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

section 58 of the Act —

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

with info

rmation that is confidential by virtue of this Act or any othe

r Act.

b) Council information must be publicly available unless—

(i) the information is confidential by virtue of this Act 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 municipa

l

commun

i

ty.

d) Public awareness of the availability of Council information m

ust be facilitated.

Council must make decisions in accordance with its obligations under law, rules and adopted policy.

Council must ensure that decisions made at Council Meetings are:

a) Undertaken in accordance with the Act, Regulations and the Governance Rules.

b) Conducted in an open and transparent forum, unl

ess in accordance with the provisions in the

Ac

t and Governance Rules.

c) Informed through community engagement, in accord

ance 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 ha

ve

their int

erests considered, in accordance with the law.

Council must display records of its meetings in accordance with its Governance Rules and Live

Streaming of Council Meetings Policy. The public will be able to access the minutes and video

recording of meetings.

Public Transparency Policy 

7 

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

Decisions made in closed council, depending upon their nature, may then be reported in the minutes

at the discretion of Council.

Council will publish an agenda prior to the Council meeting, ensuring that the municipality may ask a

public question in accordance with its Governance Rules, about items that will be considered at that

meeting.

Council ensures that information is made available on the Council website, open data, at Council

offices, or by request.

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.

Brimbank is an inclusive community and Council will seek to provide information to the community

in a way suitable to their needs, this includes translation services and providing information in other

forms.

Council is under statutory obligations to seek community feedback on relevant items. A Community

Engagement Policy is also a mandatory requirement for Councils and sets outs out Council’s

commitment to letting the Community know about Council’s decision making.

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

channels, local newspapers or by public display on Council land.

Council publishes a range of newsletters, reports and handbooks for residents, businesses and

visitors to Council. These publications can be downloaded from Council’s website or by calling

Council for a copy. Some of these publications are also available at Council’s Libraries.

Some Council information will not be published but can be requested from Council. It may be

required by Council to make a formal Freedom of Information application.

The

(FOI Act) gives a right of access to documents held by

Council. 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.

Council will respond to requests for information in accordance with the Act, the FOI Act, and this

policy. Consideration will be given to accessibility and cultural requirements under the

.

A list of available information is provided in the FOI Act Part II Statement (Statement) published on

Council’s website. This Statement requires government agencies and local councils to publish

statements about the type of information they hold to assist members of the public in accessing

information.

The Council will make the following records available on Council’s website or upon request:



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 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.

Other forms of information that Council creates that may be available upon request include:

a)

Documents such as:



Plans and Reports adopted by Council



Policies



Project and service plans



Grant application, tenders and tender evaluation material

Public Transparency Policy 

9 



Service agreements, contracts, leases and licenses



Council leases, permits and notices of building and occupancy



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

b) 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.

If a member of the community is unable to locate the desired information, they can contact Council

directly for assistance. It is possible that Council can provide them with the requested information

without the need for a formal freedom of information request.

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 Act and includes the types of information

listed in the following table.

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.

Public Transparency Policy 

10 

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 matter

Confidential information

under the 1989 Act or

Local Government Act

2020

Information that was confidential information for the purposes of

section 77 of the

or as defined in the

.

If a member of the community disagrees with a decision about the release of information, this

should be raised directly with the officer handling the matter at first instance. If this does not resolve

the issue, the concern may be reported to the Legal and Privacy Officer.

If the concern remains unresolved the matter may then be raised directly with the Victorian

Ombudsman’s office on 1800 806 314

or via the website www.ombudsman.vic.gov.au.

Council is responsible for:



Championing the commitment and principles for public transparency through leadership,

modelling practice and decision-making.

The CEO is responsible for:



Champion behaviours that foster transparency and drive the principles through policy,

process and leadership.



Monitor implementation of this policy.

The EMT is responsible for:



Manage areas of responsibility to ensure public transparency, good governance and

community engagement is consistent with this policy.

The Manager Governance and Risk is responsible for:

Public Transparency Policy 

11 



Monitoring implementation of this policy and conducting periodic reviews to drive continuous

improvement.

Public transparency is the responsibility of all employees as appropriate to their role and function.

The CEO is responsible for:



Champion behaviours that foster transparency and drive the principles through policy,

pro

cess and lead

ership.



Monitor implementation of this policy.

If a member of the community wishes to question a decision about the release of information, this

should be raised directly with the officer handling the matter in the first instance. If the request is

not resolved, this can be reported to the Senior Freedom of Information and Privacy Officer.

Unresolved concerns about release of information can then be raised directly with the Office of the

Victorian Information Commissioner on 1300 006 842 or by email enquiries@ovic.vic.gov.au.

Council commits to monitoring processes to understand the success of implementation of this policy.

A periodic review of this policy will be undertaken in line with Council’s Policy Management

Framework to ensure any changes required to strengthen or update the policy are made in a timely

manner.

Director, People, Partnerships and Performance

Manager, Governance and Risk

People, Partnerships and Performance

Governance and Risk

Public Transparency Policy 

12 













Freedom of Information Operational Policy



Information Privacy and Health Records Policy

Public Transparency Policy 

13 

New Policy

10/06/2015

10/06/2016

Review

2/11/2016

2/11/18

Review (Local Government Act 2020) 20/04/2021

20/04/2023

Review

5/02/2024

5/2/2026

Section 9(1) of the

(the Act) requires Council to give effect to the

overarching governance principles, in the performance of its role. Section 9(2) of the Act specifies

the governance principles as follows:

a)

Council decisions are to be made and actions taken in accordance with the relevant law

;

b)

Priority is to be given to achieving the best outcomes for the municipal community, including

future generations

;

c)

The economic, social and environmental sustainability of the municipal district, including

mitigation and planning for climate change risks, is to be promoted

;

d)

The municipal community is to be engaged in strategic planning and strategic decision making

;

e)

Innovation and continuous improvement is to be pursued

;

f)

Collaboration with other Councils and Governments and statutory bodies is to be sought

;

g)

The ongoing financial viability of the Council is to be ensured

;

h)

Regional, state and national plans and policies are to be taken into to account in strategic

planning and decision making

;

i)

The transparency of Council decisions, actions and information is to be ensured

.

Public Transparency Policy 

In developing the Public Transparency Policy, Council has considered and given effect to the overarching

governance principles, as summarised below:

(a) Compliance with the law All relevant legal requirements have been considered in

developing the Policy. In particular, and without limitation, the

Policy complies with the requirements in Part 6 of the Act, the

public transparency principles at section 58 of the Act, and the

.

(b) Achieve best outcomes for

the community

The Policy achieves better outcomes by promoting accountability

and openness and allowing the community to have access

information and opportunities to provide feedback and

participate in decision-making.

(c) Promote the sustainability

of the municipality

Not applicable for the Policy.

(d) Engage the community in

strategic planning and

decision making

In developing the Policy, Council undertook a community

consultation process, in accordance with Council’s Community

Engagement Policy. Council will ensure that the community are

consulted in the review of the Policy in accordance with the

Community Engagement Principles in section 55 of the Act and

Council’s Community Engagement Policy.

(e) Strive for innovation and

continuous improvement

Council will review the Policy on a no less than biennial basis,

and pursue innovation and continuous improvement during

every review.

(f) Collaborate with all other

levels of government and

government agencies

In developing the Policy, Council considered the Office of the

Victorian Information Commissioner’s

(g)

Secure the ongoing

financial viability of

Council

Not applicable for the Policy.

(h) Strategic planning and

decision making must

take

into account

plans and

policies in

operation

Not applicable for the Policy.

(i)

Council decisions,

actions

and

information must be

transparent

The purpose and intent of this Policy is to promote openness

and transparency.