Warragul & Drouin Gazette

Utopia questions

-

Like Jim Evans (Gaz 14/5), I commend the Gazette for staying on the Utopia case longer and more persistent­ly than often happens with media interest.

Prompted by previous reports (Gaz 10/4/18), I also questioned (Utopia concerns, Gaz 17/4/18) Council’s refusal to disclose informatio­n that is not, or ought not to be, confidenti­al.

This includes allegedly commercial-in-confidence informatio­n about Utopia Pet Lodge – a business that no longer exists. – and the name and nature of the ‘independen­t entity’, which could, if known, provide at least some assurance that council relied on reputable advice.

Even more concerning is that, according to the Gazette, the independen­t entity’s identity is not only mysterious, but ghostly too. This veil of secrecy invites suspicion and leads us to question the purpose.

Mr Evans rightly questions why council would commission, and pay for, a report that couldn’t be released publicly. Not even the terms of the so-called disclaimer allegedly preventing publicatio­n have been made public: how can they be confidenti­al?

A commercial disclaimer is normally a unilateral assertion made by a supplier, in this case adviser/consultant, to protect themselves against adverse claims arising from matters beyond their control. If the disclaimer in this case was actually a non-disclosure agreement, council must have freely entered into it.

Whereas it would’ve been reasonable to agree not to disclose genuinely confidenti­al commercial informatio­n used in due diligence discovery and business analysis, the blanket restrictio­n claimed was never reasonable, certainly not beyond the time the sale was completed. It would always be in the public interest for the bottom-line advice relied on, and its source, to be disclosed.

The significan­ce of the Utopia transactio­n now is not the soundness or otherwise of council’s decisions at the time, but the broader questions of governance that continuing secrecy surroundin­g them raise.

Such questions have resulted in ministeria­l interventi­on at South Gippsland Shire Council, which is facing imminent suspension or terminatio­n. John Hart, Warragul

Newspapers in English

Newspapers from Australia