Rockingham council votes to change controversial policy allowing use of ratepayer funds for defamation cases

A controversial policy that allowed City of Rockingham councillors to use ratepayer funds to pursue defamation cases has been overturned.

The policy was first adopted in 2001 to provide a “safer working environment” for council members, although none have ever attempted to access the public money to sue.

But after a concerns notice was raised in 2022, the policy was again debated by the council where it was hotly contested, passed six votes to five and readopted.

It allowed councillors to access city funding to sue for defamation any “person or organisation lessening the confidence of the community in the local government by publicly making adverse personal comments about council members”.

At the May council meeting, Cr Kelly Middlecoat successfully moved a motion to have the contentious policy amended.

“Amending the legal representation policy to disallow councillors from accessing ratepayer money to initiate defamation proceedings against residents in my opinion, was critical to rebuilding trust with residents, particularly given the community’s strong opposition to the policy in when it was implemented in 2022,” Cr Middlecoat told the Sound Telegraph.

“The former policy did not include a financial limit that could be requested. It also extended to former councillors, a provision which lacks a clear connection to the ongoing governance and responsibilities of the council.

“This level of privilege stands in stark contrast to the support available to frontline workers like police officers and nurses, who do not have access to public funds for personal legal matters arising from their duties.”

Cr Middlecoat said Rockingham’s change was a proactive measure given upcoming changes to the Local Government Act would establish new safeguards to prohibit the use of public funds for legal costs.

Community members strongly opposed the policy from the beginning, although council documents reveal that since its implementation no applications have been made for funding.

Cr Lorna Buchan welcomed the motion after “failing to stop the changes to the policy” in 2022.

“The reason I spoke out loudly against the policy and the changes is that it is a gross inappropriate use of public funds,” she added.