Sunshine Coast Council report into allegations of bullying during former CEO’s tenure set to remain buried
An eight-month Daily campaign to access a report into council bullying allegations has been blocked by authorities – here’s how we tried to unearth the truth.
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An investigation report into allegations of bullying within Sunshine Coast Council during the tenure of former chief executive Michael Whittaker remains buried despite an eight-month campaign for its release by the Daily.
Several Right to Information applications and requests for review, carried out by the Office of the Information Commissioner, have proven fruitless as the report, compiled by PKF Integrity, remained locked away in the council vault.
Repeated requests for access to the investigation report were knocked back, as it was now exempt having been used by the Crime and Corruption Commission, albeit briefly before the matter was handed back to the council.
Requests for access to any complaints made during Mr Whittaker's tenure were also refused, with the council and the Office of the Information Commissioner refusing to confirm or deny the existence of the documents.
The Daily launched several Right to Information requests in a bid to access the investigation report.
Initial efforts were blocked by the council in June, last year, on the basis the council was not in possession of the report requested, which was not finalised as the investigation had not yet concluded and therefore did not exist.
That decision was upheld by the Office of the Information Commissioner.
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The Daily launched another two Right to Information requests, again seeking a copy of the investigation report related to allegations made about conduct within the council by Mr Whittaker and also sought copies of any complaints made by staff related to Mr Whittaker, between June, 2015 and February, last year.
As part of the second application, the Daily expressly sought any identifying information about the complaints, including names, job titles or other details that could identify them be redacted.
The council again knocked those applications back, advising in October, last year, that the investigation report comprised exempt information, as it had been used by the Crime and Corruption Commission, which had referred the matter back to the council.
Council refused the request for a release of all, if any, complaints regarding Mr Whittaker, deciding not to confirm or deny the existence of the documents requested.
Those refusals were also backed by the Office of the Information Commissioner, despite the council acknowledging several factors favouring disclosure in the complaints request.
Council's Right to Information officer acknowledged the public interest factors favouring disclosure would carry "strong weight given the seniority and significant responsibilities of the role held by the individual".
But the officer noted that weight would be reduced as Mr Whittaker was no longer an employee of the council.
"Factors favouring disclosure will also carry less weight if the hypothetical documents contain unsubstantiated allegations," the officer wrote.
"Nevertheless, in the circumstances I accept that the above factors arise in relation to the requested documents (if they exist), and carry strong weight."
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However the officer refused the application, citing several reasons favouring nondisclosure which included releasing personal information and the risk of prejudicing an individual's right to privacy.
Other reasons included disclosure which could reasonably be expected to prejudice the management by an agency of the agency's staff and that disclosure of the information was prohibited.
"Disclosure of the information could reasonably be expected to prejudice the fair treatment of individuals and the information is about unsubstantiated allegations of misconduct or unlawful, negligent or improper conduct," the officer's reasons stated.
The Daily sought and was granted more external reviews by the Office of the Information Commissioner, appealing to the Information Commissioner to apply the Right to Information Act with a pro-disclosure bias.
The Daily again sought release of the information requested, with identifying details redacted, as the Daily believed it was strongly in the public interest to release the documents sought.
The requests were reviewed and progressed to the Assistant Information Commissioner, who on February 24 provided their preliminary view.
The Assistant Information Commissioner advised the Crime and Corruption Commission exemption applied to all of the information found by the council regarding the request for the release of the independent investigation report.
The Assistant Information Commissioner also advised they were of the view the council was entitled to neither confirm nor deny the existence of the documents related to any complaints made regarding Mr Whittaker and any release could not satisfy the requirement not to infringe on the former chief executive's privacy nor the risk of identifying complainants, even with redactions, if any complaint documents were found to exist.
The refusals late last month meant the investigation report and any complaints that may have existed remained shrouded in secrecy.
The council's internal investigation was launched after a public interest disclosure was referred by Mayor Mark Jamieson to the Crime and Corruption Commission on May 30, 2019.
The matter was referred back to the council by the commission on November 5, 2019, which triggered the appointment of the independent investigator.
A report was prepared and provided to Mr Jamieson on August 11, last year and the mayor and councillors were briefed on the report two days later, internal council emails revealed.
Then-acting chief executive officer Warren Bunker sent an email to council staff after the Daily questioned Cr Jamieson as to why the report could not be made public.
Cr Jamieson told the Daily on August 19, last year, that the report may never see the light of day, citing Public Interest Disclosure legislation which prevented him from identifying those who had given evidence.
A council spokesman told the Daily that while the details of the investigation or the public interest disclosure couldn't be commented on, it could confirm there were no adverse findings made against "the Mayor, any councillors (current or previous) or any current employees of council".
In February, last year, Cr Jamieson told the Daily there had been no red flags with the renewal of former CEO Michael Whittaker's contract in February, 2019, to extend his tenure to December, 2021.
Cr Jamieson said there had been nothing to investigate in February, 2019, as complainants had told him in December, 2018, that they wished for no further action to be taken regarding matters raised previously.
A Crime and Corruption Commission spokesman confirmed to the Daily that it had been told by the council "of an allegation against the former CEO in May, 2019" and had referred it back to the council after assessment.
The spokesman said the referral back to the council in November, 2019, had taken "longer than the usual assessment time frame" due to operational and legal issues that couldn't be disclosed.
Mr Whittaker resigned suddenly due to ill health in February, last year, less than two days after the Daily had put a series of questions to the council about the reasons for Mr Whittaker's extended absence and the status of an investigation into bullying complaints.
Mr Whittaker, who was appointed as chief executive in 2015, had been on sick leave since February 10, last year and was due to return on March 20, but his shock resignation was announced by Cr Jamieson on February 20, last year, just days before the council was due to enter caretaker mode before the local government election.
Mr Whittaker had resigned after discussions with his family, so he could focus on his recovery from the health issues, Cr Jamieson said.
Cr Jamieson confirmed during a press conference on February 20, last year, that there had been some matters raised which were being investigated by an independent authority.
But he did not indicate which council staff were involved and said it would be inappropriate to comment as natural justice had to be afforded to all involved.
The Crime and Corruption Commission told the Daily in August, last year, that it was up to the council decide whether or not it could release details of the investigation.
Former councillor Greg Rogerson, one of two to vote against Mr Whittaker's contract renewal, had called on the council not to sweep the investigation under the carpet, while Kawana MP Jarrod Bleijie had also called on the council to release the report during a speech in state parliament last August.
The Daily has not been able to contact Mr Whittaker despite several attempts.
Originally published as Sunshine Coast Council report into allegations of bullying during former CEO’s tenure set to remain buried
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