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Council action 'sounds like witch-hunt'

 

This is a direct quote from the Gosford Council Agenda for June 25 Page 174 Late item FS.090C Legal Advice Possible Litigation:

A. If there is a breach of the law administered by council, the General Manager be authorised to commence proceedings in the court.

B. The confidential report remain confidential until the matter is finalised.

C. The General Manager take all necessary actions to pursue all issues of defamation.

As a community member asking difficult questions of the State and Local government and its representatives, this has my attention.

As it happens, I was reading up on defamation actions and it seems that councils can't sue for defamation.

To quote The Law Handbook, Redfern Legal Services Edition 8, Defamation Act: "Government organisations such as local councils and Aboriginal land councils cannot sue, although individual members of these organisations may sue to clear their own reputations if the defamatory statement points to them in particular."

I must ask the question why ratepayers' monies are to be spent pursuing avenues that are not open to council.

There is no question that council can support the cost of action defended by councillors but a pro-active investigation sounds like a witch-hunt, and that would be a different matter where ratepayers' monies are concerned.

E James, Umina