By Natalee Kerr
Surf Coast councillor Heather Wellington has been cleared of “misusing” her position after requesting access to council documents.
Cr Wellington was investigated by the Local Government Inspectorate after lodging a freedom of information (FOI) request.
The complaint alleged Cr Wellington acted in breach of section 76D of the Local Government Act 1989, but the investigation found no evidence she acted improperly.
A councillor can face up to five years of imprisonment and a fine of up to $96,714 if prosecuted and convicted of misusing their position.
Cr Wellington said she was unsure who made the “serious allegation” against her.
“I believe only a very limited number of senior shire personnel would have known I had lodged an FOI application,” she said.
The Victorian Information Commissioner decided that one document and part of the second document should have been released to Cr Wellington by the shire under FOI.
Cr Wellington said she “always believed” she acted “appropriately” by lodging the FOI request.
“I was simply exercising my legal right to make an FOI request like any other citizen,” she said.
Cr Wellington said she has found it “increasingly difficult” to assist ratepayers with shire issues due to “significant restrictions” held by council.
“I am alarmed and frustrated by this apparent trend towards greater secrecy and less organisational accountability,” she said.
“If the trend is not reversed, public confidence and trust in the Surf Coast Shire will be further eroded.”
Council refused to comment on “any specific matters” including who made the allegation against Cr Wellington or why she was denied access to the documents.
Surf Coast Shire CEO Keith Ballie said “Cr Wellington’s views on access to information are known” and “other councillors have not raised similar concerns”.
“The arrangements for access to information by Surf Coast Shire councillors are consistent with the roles established through the Local Government Act,” Mr Ballie said.
