2015-03-31 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   31 MARCH 2015




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COUNCIL POLICY - COMPLAINTS ABOUT THE PUBLIC OFFICIAL

 CONFIDENTIALITY
 The CEO, the Mayor, and persons responsible for dealing with the complaint about corrupt conduct
 (including external investigators) have a duty to maintain confidentiality in relation to the complaint.
 The duty to maintain confidentiality extends to the identity of the person making the complaint, the
 person who is subject of the complaint, and sometimes even the existence of the complaint.
 Consideration will also need to be given to whether the complainant is making a public interest
 disclosure, and is therefore subject to the provisions of the Public Interest Disclosure Act 2010.
 In particular the following should be kept confidential:
 e  The identity of the source of information (including the names of any disclosers).
 e  The identity of those involved in the investigation including witnesses.
 e  The nature and content of oral and documentary evidence.gathered during the investigation.

 RESOURCING THE MAYOR
 If pursuant to ss40 or 46, the Mayor has responsibility to deal with the complaint":
 e  The Council will ensure that sufficient resources are available to enable the Mayor to deal with the
     complaint appropriately'*, and
 e  The Mayor is to ensure that consultations, if any, for the purpose of securing resources sufficient
    to deal with the complaint appropriately are confidential and are not disclosed, other than to the
     CCC, without:
     -   authorisation under a law of the Commonwealth or the State, or
    -    the consent of the Mayor.
 e  The Mayor must, at all times, use their best endeavours to act independently, impartially and fairly
     having regard to the:
    -    purposes of the CC Act”®.
     -   the importance of promoting public.confidence in the way suspected corrupt conduct in
         Noosa Councihis dealt with’.
     -   Noosa Councils’ statutory, policy and procedural framework.
 For the purpose of dealing withthe complaint only, the Mayor is delegated the same authority,
 functions and powers of the CEO'to:
 e   direct and control staff of the Council, and
 e   enter into contracts.on behalf of the Council.

 LIAISING WITH THE CCC
 The CEO is to keep the CCC informed of:
 e  The contact details for the CEO and the Mayor.
 e  Any proposed changes to this policy.

ig      Under ss41 and 42 and/or ss43 and 44 of the CC Act
 2      See the CCC’s corruption purposes and function set out in ss4(1)(b), 33, 34, 35 and the Council's
 relevant statutory, policy and procedural framework which help inform decision making about the appropriate
 way to deal with the complaint
 3      See ss57 and the CCC’s corruption purposes and function set out in ss4(1)(b), 33, 34, 35 of the CC Act
 ie     See s34(c) CC Act
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