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VCAT Ruling Supports Latrobe City Council DecisionLatrobe City Council has welcomed an order by the Victorian Civil and Administrative Tribunal to uphold council’s decision not to release two documents under a Freedom of Information Act request by By Latrobe City Council - 21st July 2008 - Back to News Moe Traders Association secretary, Sharon Gibson, in connection with the Moe Activity Centre Plan and the Moe Library Strategy Plan. A third document requested under the Act was released.
Latrobe City mayor, Councillor Bruce Lougheed, said that the two documents in question were found to be exempt from the Freedom of Information Act.
"The two documents are of a commercial nature and therefore it was not felt to be in the public interest to override the exemption to the Act.
"Whilst the tribunal accepted the evidence presented by Latrobe City Council, it found that Ms Gibson’s evidence was ‘largely based on inference and rumour’," Cr Lougheed said.
Latrobe City’s chief executive officer, Paul Buckley, said that the tribunal ordered the release of one document as the information it contains is now predominantly in the public arena through an open letter provided by Tanjil Place Medical Centre to its patients.
"Council initially refused to release the information as it contained information that was confidential to a business owner. Latrobe City respects that anyone can make a submission to Council in confidence if they so choose. Indeed, the tribunal commented that it understood why Council would seek not to disclose this document as it does contain commercial information," Mr Buckley explained.
"Our decision really shows that we will fight to protect the rights of business owners to keep their proposals confidential. The VCAT decision shows that our reasoning was correct.
"Because of the ruling Latrobe City Council is pleased that the initial decision to exempt the document was found to be sound. However, as most of the information is now already in the public arena, we are comfortable releasing the document as requested," Mr Buckley concluded.
Source: www.gippsland.com Published by: news@gippsland.com
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