Settlement sum remains secret after Overland signs ‘deed of confidentiality’
Highly sought-after details surrounding Whittlesea Council’s reported six-figure settlement with sacked CEO Simon Overland will remain a secret, with the former Victoria Police boss signing a “deed of confidentiality”.
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Highly sought-after details about Whittlesea Council’s settlement with former chief executive Simon Overland will remain a secret after both parties signed a “deed of confidentiality”.
It comes after Leader submitted a freedom of information request seeking the council shed light on the controversial matter settled behind closed doors in April.
But the council said the requested documents were subject to a deed of confidentiality.
“To provide the documents sought would result in council breaching its legal obligations
under the deed and could expose council to legal consequences for doing so,” it said.
Whittlesea Council identified 23 documents which met the freedom of information request’s criteria, but only three documents could be released.
An internal email which showed acting chief Joe Carbone advising staff about the confidential settlement, a timeline stipulating when the announcement would be made public and a media statement were released to Leader.
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The move drew criticism from Ratepayers Victoria president Dean Hurlston who said Whittlesea ratepayers deserved total transparency.
“Of course we respect people’s right to privacy but when you are a publicly employed person using ratepayers’ money we expect total transparency,” he said.
“We clearly don’t need to know the information as to why the parties settled but the ratepaying public should have the right to know how much money was spent settling the matter and whether or not this was because councillors acted irresponsibly in actually sacking Mr Overland.”
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Sources close to the former Victoria Police chief have told Leader Mr Overland agreed on a “significant” sum close to $400,000 — to be paid in three instalments over the next 12 months.
It is understood Mr Overland was “disappointed” with the settlement and only agreed due to “extremely lengthy delays” expected in the state’s legal system as a result of the pandemic.
Mr Overland still had two years remaining on his contract for which he was due to be paid $800,000, when his peers terminated his contract while he was on sick leave on December 10.
The council paid out Mr Overland for a three-month notice period after the sacking.
Mr Overland’s “adverse action” claim against the council with Fair Work Commission was poised to reach the Federal Court after mediation talks failed in March.