FOI ACCESS TO SECRET GINGIN REPORT DENIED

THE WA department of local government has refused StreetWise access to a secret Gingin shire report that found former CEO Scott Wildgoose was involved in sexual misconduct at work.
Access also was denied to public documents including correspondence between Local Government Inspector Tony Brown and elected members and councillors’ financial links to Bendigo Bank.
In both cases, the department cited confidentiality and claimed the documents sought would contain matter exempt under clause 5(1)(b) of the FOI Act.
“The documents sought comprise investigative records and communications generated, received or compiled in relation to the reporting, assessment and investigation of the workplace incident referred to in your application,” according to FOI coordinator Stephanie Rothwell.
Under Clause 5(1)(b), matter is exempt if its disclosure could reasonably be expected to prejudice an investigation of any contravention of the law in a particular case, whether or not any prosecution or disciplinary proceedings have resulted.
“Following consultation with the relevant business unit, I am satisfied that the workplace incident which forms the primary subject matter of your application remains the subject of ongoing investigation and assessment,” Ms Rothwell stated. “I consider that the release of documents relating to an ongoing investigation could reasonably be expected to prejudice that investigation.”
StreetWise understands the shire’s investigation into the workplace incident that led to Mr Wildgoose’s resignation on May 22 is closed.
Ms Rothwell added the release of the requested documents would not be in the public interest: “Disclosure could reasonably be expected to prejudice the future supply of such information, which is important to the effective conduct of those investigations.”
The request to access communications between Mr Brown and shire staff and councillors was based on establishing relationships between them as he previously worked at Gingin shire.
As with the confidential Wildgoose report, the documents, “are predominantly comprised of LGI complaint and matter file records, or communications directly connected with the assessment, referral, investigation and adjudication of complaints”.
Ms Rothwell added: “These communications are inherently sensitive and are often supplied on the understanding that complaint information will be treated confidentially. Disclosure could reasonably be expected to prejudice the future supply of such information, which is essential to the effective performance of the Local Government Inspector’s statutory functions.”
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