NCAT hands down decision after Parramatta councillor Kellie Darley takes council to court over Eels deal

A western Sydney councillor who took her council to a civil court over its refusal to release information about its $1.15m deal with the Eels has lost the case but plans to appeal the decision.

Councillor Kellie Darley has been the council’s most vocal opponent over its partnership with the Eels.

A Parramatta independent who took her council to the NSW Civil and Administrative Tribunal over its refusal to release information about its $1.15m deal with the Eels said the community deserved “much greater” after she lost the case.

Kellie Darley first took Parramatta Council to NCAT in August after she sought information about how its deal with the rich NRL club was made but was refused information even after applying for freedom-of-information documents.

She has argued it failed the pub test among ratepayers who should not have to shell out for the club.

On Tuesday, NCAT handed down its decision to uphold certain confidential documents.

In a “win for the community” Cr Darley said the court had released more information “every step along the way” and said the council “withheld far more than it should have originally’’.

Councillor Kellie Darley after an NCAT hearing.

“But ironically, council recently released more than NCAT did today,’’ she said.

“Ultimately, the community still deserves much greater transparency than the final determination made today by NCAT, and I’ll likely appeal the decision.’’

The partnership goes towards the Eels’ NRLW. Picture: Jeremy Ng/Getty Images

In a statement, the council welcomed NCAT senior member Michelle Riordan’s decision to “protect commercial-in-confidence information provided to council by partners, tenderers and other third parties’’.

“Council has maintained a consistent position that the information relating to the Parramatta Eels’ commercial partnership agreement is commercial in confidence and its release could destroy or diminish the value of the Eels’ commercial information and prejudice its legitimate business and financial interests,’’ a spokesman said.

The spokesman said Ms Riordan recognised the disclosure of confidential information would pose a “real likelihood” that commercial entities would be unwilling to tender or contract with the council or supply it with confidential information, if they feared their information would be disclosed to the public.

NCAT also found there was no evidence of a systemic issue in relation to chief executive Gail Connolly’s determination of the freedom of information Government Information Public Access applications and declined to refer the case to the Information Commissioner.

Gail Connolly. Picture: David Swift

Parramatta Eels chief executive Jim Sarantinos. Picture: Rohan Kelly

“As a global city, businesses and organisations should feel confident they can have full and frank discussions with council and its staff about matters that are commercially sensitive without fear that the information will be disclosed to the public,” Ms Connolly said.

Parramatta Eels chief executive Jim Sarantinos agreed.

“This decision supports the importance of a strong engagement process for developing strategic partnerships,” Mr Sarantinos said.

“Being able to have frank and, where necessary, commercial-in-confidence conversations, ensures that key partners can feel confident in their ability to engage with the City of Parramatta.”

Cr Darley last year said she was not seeking commercially confidential information over finances but the production of documents that delved into the “risk assessment” over why the deal with the Eels was in the public interest.

In December 2023, the council initially proposed a $2.4m deal with the Eels but it was slashed to $1.15m following backlash.

A total of $383,500 was committed for the first year to go towards scholarships for western Sydney women and clinics and school holiday camps for children.

Originally published as NCAT hands down decision after Parramatta councillor Kellie Darley takes council to court over Eels deal