In line with a VCAT decision, on 31 December 2014, Manningham Council will revoke the Proscribed Prohibited Persons Declaration (PPPD) placed on a local resident.
On the 23 October 2014, VCAT found that Council breached the Equal Opportunity Act 2010 and the Charter of Human Rights and Responsibilities Act 2006, in maintaining the declaration prohibiting the resident from attending any building that is owned, occupied or managed by Council.
VCAT made its ruling based on the belief that the PPPD was too restrictive and limiting and that Council should have undertaken a review earlier to assess the impact of the declaration.
It should be noted that in handing down its decision, VCAT did not excuse the resident’s behaviour, which has continued over two decades and was the reason that the original PPPD was put in place.
Manningham Council Chief Executive Joe Carbone said he acknowledged the VCAT decision and that Council had taken steps to comply fully with all aspects of the decision.
“While Council had erred by not reviewing the PPPD, he said the original decision to place a PPPD had been done with good reason.”
“The three previous Manningham Chief Executives and I have been in receipt of an inordinate number of complaints and unsubstantiated accusations from the resident.”
“These issues have been ongoing for more than two decades. Legal costs averaging almost $25,000 a year have been incurred along with countless hours of staff time in responding to the complainant.”
“The resident’s actions have imposed a huge financial burden ($454,000) on Council over many years and placed Council in a no win situation.”
“If Council does nothing, it runs a genuine legal risk of not fulfilling its obligation under the Occupational Health and Safety Act 2004 to protect the personal safety and well being of the Councillors, community and staff. This is of course not negotiable.”
“The fact that the resident is not an employee does not diminish or excuse Council from seeking to protect its employees, however it does make controlling the situation more complex,” Mr Carbone said.
The original VCAT decision can be viewed here.
