‘Malicious’ secret recording

(Damjan Janevski)

By Prealene Khera

Police will be asked to investigate a “malicious” and potentially illegal clandestine recording made during a private Hume council briefing, which emerged on social media during the November local government elections.

At the Hume council meeting on December 9, councillor Carly Moore raised a motion pushing for an inquiry into a non-consensual recording made during a closed meeting, without the knowledge of its participants.

Confidential items were also discussed at the same briefing.

Recording a person without consent is unlawful and a breach of section 11 of the Surveillance Devices Act 1999, the report tabled at the recent council meeting stated.

In addition, the report said, section 125 of the Local Government Act 2020 prohibits the disclosure of information a person should reasonably know is confidential information.

Cr Moore said the “unauthorised and undisclosed” recording went against the standards council representatives needed to abide by.

“The standard you walk past is the standard you accept, and I’m not willing to accept that this conduct is acceptable,” she said.

“We must act with integrity and honesty. We must treat all persons with dignity, fairness, objectivity, courtesy, and respect.

“The recording that this [motion] refers to was circulated on social media through an account in the name of someone who was not a party to the meeting where the recording was taken.

“How did this person get the recording? If they believed this conduct is acceptable, why were they not willing to put their name to it?”

Council will now refer the matter to Victoria Police, requesting an investigation.

Cr Naim Kurt said it was important to understand the legal ramifications of the deed.

“[How many] of those briefing sessions were recorded and how many years worth of recordings exist out there, and how [might] they be used in the future?“ he said.

“So it’s really important I think to get the answers on this.”

Council is also expected to seek direction from the local government minister on how councillors and council officers can be protected from breaches of this nature reoccurring.

Star Weekly has chosen not to disclose the contents of the recording since it is believed to be illegally obtained.