Credit Statement

2004

August [1]
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Credit Statement

Newcastle Herald

Wednesday June 11, 2008

By JOANNE McCARTHY

A CESSNOCK man has won an Administrative Decisions Tribunal freedom of information case forcing Cessnock City Council to hand over corporate credit card records of sacked director Robert Gallagher.

The tribunal rejected the council's argument the records were protected because they related to Mr Gallagher's personal affairs, and accepted Cessnock man Russell Hawkins's view that a council corporate credit card record should be public because the card could not be used for personal expenses.

The council was given 28 days to hand over the sacked corporate and regulatory services director's corporate card accounts and monthly statements from July 2006 until June 2007.

During some of that period Mr Gallagher was on full-paid leave while the council investigated alleged workplace misconduct involving expense claims.

Mr Hawkins applied for the credit card records on June 26 last year as the council prepared to reinstate Mr Gallagher following its investigation.

The NSW Government internal audit bureau held an independent investigation after council staff staged protest meetings on July 9 and 10, before Mr Gallagher's scheduled return on July 11, and called for an independent inquiry.

The council rejected Mr Hawkins's freedom of information application on July 16, saying the documents "affect the personal affairs of a person".

After an appeal in August council general manager Bernie Mortomore confirmed the refusal, saying disclosure of the credit card records "would affect the business, professional, commercial and financial affairs of the council".

Mr Gallagher was sacked in October, despite his denial of allegations made against him.

Mr Mortomore said the sacking followed the audit bureau inquiry of the expense claims.

Mr Hawkins, a Labor Party member whose son has just been preselected to number one on Labor's A ward ticket for September's local government election, said he pursued the claim because questions remained about the council's handling of the matter.

"The councillors should have been the ones asking questions about these things," Mr Hawkins said.

"For the general manager of a council to be the only person to check and assess accountability of council expenditure is completely contrary to the Local Government Act," he said in his submission to the tribunal.