AUDIO RECORDING OF COUNCIL MEETINGS POLICY

Transcription

1 AUDIO RECORDING OF COUNCIL MEETINGS POLICY October 2013 FINAL This policy will be reviewed triennially by: Corporate Services Next review date: October 2016

2 Title: Audio Recording of Council Meetings Policy Summary: This policy sets out the requirements and procedures for the making, storing and access to audio recordings of Council meetings. TRIM Record Number: 13/226 Date of Issue: October 2013 Approval: Council 12 November 2013 Version Control: V1 Contact Officer: Manager Corporate Services Relevant References: Division of Local Government, Meeting Practice Note, August 2009 State Records General Retention and Disposal Authority GDA39 Main Legislative or Regulatory References: Local Government Act 1993 Local Government (General) Regulation 2005 Government Information (Public Access) Act 2009 Privacy & Personal Information Protection Act 1998 State Records Act 1998 Surveillance Devices Act 2007 Applicable Delegation of Authority: Corporate and Community Services Delegation Schedule Related Ashfield Council Policy: Ashfield Council Code of Meeting Practice Related Ashfield Council Procedure: 2

3 Policy Background In accordance with s.375(1) of the Local Government Act 1993 and associated Regulations, Councils are required to keep accurate minutes of meetings which record attendance, details of each motion and any amendments, names of movers and seconders of motion or amendment, whether motion is passed or not, and decisions (resolutions) of the meeting. A number of councils have adopted the practice of audio recording of Council meetings in order to provide a verification of the accuracy of Council Meeting Minutes until these records are procedurally and formally adopted as a true and accurate record. Meetings of Standing Committees of Council where the membership of the committee is entirely comprised of Councillors will also be recorded and be subject to this policy. A number of considerations are relevant in regard to the audio recording of Council meetings: Purpose: While not a requirement of the Local Government Act 1993 and Regulation, the purpose of audio recording of Council meetings is to assist with the preparation of meeting minutes. Temporary Records: Audio tapes are considered temporary records of Council as their main purpose is to assist in preparation of minutes and once the minutes are confirmed, the audio tapes are no longer needed. The official record of the meeting is not the audio recording but the meeting minutes, which require confirmation by Council resolution and must be signed by the Chairperson of the meeting. Government Information (Public Access) Act 2009 (GIPA): The audio recording of Council meetings does not constitute the Council Minutes. In relation to the Government Information (Public Access) Act 2009 where a request for access to the audio recordings of Council meetings is made, section 72 of GIPA provides a written transcript of an audio recording may be provided. Declaration to the Public: In order to comply with the Surveillance Devices Act 2007 and the Privacy and Personal Information Protection Act 1998 advice will need to be provided to the members of the public attending Council meetings that a formal audio recording of the meeting will be made for the purpose of enabling accuracy for the formal minutes of the meeting. Other Recordings: Clause 273 of the Local Government (General) Regulation 2005 provides that a person may use a tape recorder to record the proceedings of a meeting of a Council or a Committee of Council only with the authority of the council or committee. As such, for Ashfield Council, audio recording of a Council meeting by non-council staff will be determined on a case-by-case basis. Policy Purpose The purpose of this policy is to enable audio recordings of Council meetings for the purposes of ensuring an accurate record of proceedings is provided in the formal Minutes of meetings. Policy Objectives The objectives of this policy are to: Define the purpose for which audio recordings of Council meetings are undertaken, Set out procedures for audio recordings of Council meetings in regard to the appropriate creation, storage, usage, access and disposal in accordance with legislative requirements 3

4 Implementation Purpose of Audio recordings of Council meetings Audio recordings will be made by the Council of open Council meetings and Standing Committee meetings excluding confidential matters as provided by Section 10A of the Local Government Act Such recordings are for the purpose of: assisting in the preparation of minutes, ensuring decisions are accurately recorded, verifying the accuracy of minutes prior to their confirmation by Council. Audio recordings refers to any recording made by any electronic device capable of recording sound. This includes but is not limited to recordings made by video camera, cassette recorder, or digital audio tape (DAT) recorder and stored on compact disc (CD), digital audio tape, or any other format (WAV, MP3 etc). Public Notification of Recording of Meetings In order to comply with the Surveillance Devices Act 2007 and the Privacy and Personal Information Protection Act 1988, advice by way of a disclosure statement will be provided to the members of the public attending meetings that an audio recording of the meeting will be made. The disclosure statement will be: Members of the public are advised that in accordance with Clause 41 of Council s Code of Meeting Practice, meetings of Council are audio recorded to assist with ensuring an accurate record of the meeting is provided for the formal minutes of the meeting. In terms of the Privacy and Personal Information Protection Act 1998 this may involve the recording of personal information provided at the meeting. The provision of any information that is recorded is voluntary, however if any person does not wish to be recorded they should not address or request to address the meeting. By remaining in this meeting, you consent to the recording of the meeting. You are not permitted to record this meeting with any recording device, unless you have the express authorisation of Ashfield Council. The advice will be displayed in the following manner: On the notice of the agenda for meetings of Council, On notices at the entry to the Council Chambers or place where meetings are held, On the meetings page of Council s website. A verbal disclosure statement will also be made by the Chairperson at the commencement of the meeting during ordinary meetings or Standing Committee meetings of Council. Storage of Recordings Audio recordings will be stored securely by the Manager, Corporate Services so that only persons authorised by the General Manager may access them. A register of access to recordings will be maintained. Audio recordings will be stored for a period of three (3) months after the date of the meeting to which they relate or until confirmation of the minutes by Council, whichever is the longer (refer to State Records General Retention and Disposal Authority GDA39 Local Government Records) [GDA39 recommends a retention period of three (3) months for records of preparation of meetings and production of minutes including draft minutes, transcripts and audio recordings].except where 4

5 retention for a longer period is otherwise required (such as for subpoenas, evidentiary purposes or complaints investigations made under the jurisdiction of Council). Where audio recordings of Open meetings of Council are made available to members of the public through listening, a copy of the request for access to the recording will be maintained in Council s records via the access register. Closed Council meeting audio recordings are not available for public inspection. Access to Records Requests to access audio recordings will be considered in accordance with the Government Information (Public Access) Act 2009 within the 3 month period when audio recordings are retained. Council may provide access by means of listening to audio recordings in the presence of a Council staff member, approved by the General Manager. Such access will only be during business hours of Ashfield Council. This service will be available free-of-charge. Where a transcript of an audio recording is requested this will require a formal access application in accordance with the Government Information (Public Access) Act 2009 and will be subject to an application fee of $ Further a processing charge for dealing with an access application will be at the rate of $30 per hour for each hour of processing time for the application. The application fee of $30 paid by an applicant will count as a payment towards any processing charge payable by the applicant in accordance with s64 of the Act. Recording of Meetings by Members of the Public Clause 273 of the Local Government (General) Regulation 2005 provides that a person may use a tape recorder to record the proceedings of a meeting of Council or a committee of Council only with the authority of the Council. Recording of meetings of Council, without Council s approval, are prohibited. Code of Meeting Practice To assist with the administration of audio recordings of Council meetings, the Code of Meeting Practice is amended to include a new section, as noted below PART 3 PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS New Section 41. Audio Recording of Council Meetings (1) Council Meetings may be audio recorded in accordance with the following requirements (i) Audio Recordings of meetings are only used for verifying the accuracy of the record of proceedings shown in the formal minutes of the meeting. (ii) Audio recordings of meetings may be made available to the public or may be disclosed to a third party, in accordance with the Privacy and Personal Information Protection Act 1998 (PPIPA) or where Council is compelled to do so by Court Order, warrant or subpoena or by any other law. (iii) Recordings of meetings are to be destroyed as soon as their original purpose is served but no earlier than three months after their creation except where retention for a longer period is otherwise required. (iv) Appropriate signage is to be displayed in the Public Gallery or at the public entrance to Council meetings and a verbal disclosure statement made at the commencement of each Council meeting. 5

6 (2) At the commencement of each Council meeting, the Chairperson will advise members of the public of the use of audio recording by way of a verbal disclosure statement: Members of the public are advised that meetings of Council are audio recorded to assist in preparing the formal minutes. By staying in the meeting, you consent to its recording. If you don t wish to be recorded you should not address the meeting. No-one is permitted to record a meeting with any device without express authority of Council. (3) Only audio recordings of Council meetings formally approved by Council itself are permitted and unauthorised recordings by members of the public are not permitted. (4) Under the provisions of the Local Government Act 1993, a person may be expelled from a meeting of a council or a committee of a council for using or having used a tape recorder in contravention of instructions of Council (5) If any such person, after being notified of a resolution or direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the council or person presiding, may, by using only such force as is necessary, remove the expelled person from the meeting and, if necessary, restrain that person from re-entering the meeting. (6) Council may determine to adjourn the meeting for a period of time, if appropriate, until it has ascertained that any unauthorised recording has ceased. (7) Tape recorder includes a video camera and any electronic device capable of recording speech, whether a magnetic tape is used to record or not. O0O O0O O0O 6