Confidential Information and In Camera Matters

1. The AGVAustralian Greens Victoria has a commitment to openness and transparency. However, the unauthorised disclosure of confidential information and in camera matters may harm the AGVAustralian Greens Victoria. There are also serious legal, privacy, reputational and natural justice risks in sharing such matters. To avoid doubt, this bylaw confers no rights on persons who are not members of the AGVAustralian Greens Victoria.

Confidential Information

1. For the purpose of this bylaw, “confidential”, in relation to any information, such as a record or document of any kind, means that access is only available to those persons:

   1. who, are required in the execution of their duties as an authorised office- bearer of the AGVAustralian Greens Victoria or its constituent groups or as a member of any appointed or elected Committee (including of any body established under these rules) to have such access;

   2. who are required in the performance of their duties as a duly appointed or authorised employee or agent of the AGVAustralian Greens Victoria to have such access;

   3. who have been authorised to have access to that information by the office-bearer or the most senior staff memberState Director who has the care custody or control of such information;

   4. who have access pursuant to a decision of the State Executive or the State Council;

   5. who are investigating a relevant matter as a member of the Misconduct or Administrative Review Panels, or who are required to see such information as part of an effective investigation; and

   6. to whom in all the circumstances the release is harmless and reasonable.

2. Any constituent group may (subject to any contrary decision of State Council) determine that any information is confidential and limit access to a particular record or class of records to certain named persons or officers, but should do so only on reasonable grounds.

3. Until and unless a decision is otherwise made under this bylaw, the following information is confidential:

   1. minutes of and matters discussed in meetings held in camera;

   2. records relating to the performance, selection, appointment or termination of individual staff;

   3. records relating to litigation or potential litigation, or like dispute, where the release of such records might prejudice the position of the Partythe incorporated association referred to in clause 40(1);

   4. records relating to any commercial negotiation where the release of such records might prejudice the position of the Partythe incorporated association referred to in clause 40(1);

   5. records relating to any individual donation or like payment to the party, except as otherwise provided for in the bylaws;

   6. any financial records of the organisation where the release of such records might prejudice the position of the Partythe incorporated association referred to in clause 40(1);

   7. any record or document provided on a bona fide confidential basis by a third party, but not where provision was primarily made in order to render the document confidential;

   8. any document in relation to campaigning or an electoral matter whose value consists in its contents not being widely known;

   9. any document whose release would be, in the opinion of the office-bearer or the most senior staff memberState Director having care custody or control of that record, highly prejudicial to the Partythe incorporated association referred to in clause 40(1) or unreasonably and unfairly damaging to a third party, provided that where access is denied to any member only on this ground and no other, the member seeking access may appeal to the next meeting of the State Executive, and shall have an opportunity to address the State Executive, in person or in writing, as to why access should be granted, and unless the State Executive confirms the denial, access will be granted;

   10. mediation or conciliation and any agreement entered into as a result of mediation or conciliation;

   11. complaints of bullying and harassment;

   12. complaints of sexual harassment;

   13. all aspects of a misconduct allegation, including the fact that it was made and any Notices of Decision;

   14. proceedings before the Endorsement Review Committee;

   15. nominations for Member Recognition Awards;

   16. deliberations of the Probity Panel; and

   17. records of nominations for preselection.

4. Persons who receive confidential information of any kind must keep that information confidential.

5. State Council may determine that any confidential information can be made available to party members or publicly.

6. Where a member is authorised to release confidential information on a restricted basis, they must inform the people receiving the information that it should not be released more broadly without the express permission or instructions of State Council.

7. Breaches of confidence may be referred to the Misconduct Panel and may result in a finding of misconduct.

In Camera Matters

1. In camera sessions are closed parts of meetings. At meetings of constituent groups consisting of elected representatives or delegates, a meeting may decide to go in camera and only members of the relevant constituent group are entitled to attend, but the group may also decide to invite specified non-members of the relevant group to attend.

2. In camera sessions should be avoided. Meetings should only go in camera when absolutely necessary to maintain the confidentiality of matters discussed.

3. If a meeting goes in camera, this shall be recorded in the minutes along with:

   1. the general reason the meeting went in camera (identified to the level of ‘Staff Issue’, ‘Member Dispute’, ‘Campaign Strategy’, ‘Legal Issue’, or similar); and

   2. the number of decisions made in camera.

4. Any decisions made in camera shall be recorded in a separate set of in camera meeting minutes with sufficient information and documents to ensure it is clear what has been decided.

5. In camera minutes of meetings shall not be available for viewing by anyone except the members of that group or of the State Executive, and such other persons the group or State Executive authorises.

6. Any State Executive decisions made in camera shall be reported to State Council for ratification in accordance with the Constitution. State Executive may determine that this reporting shall occur at the next meeting of State Council, in writing or otherwise, rather than being included in the circulated minutes. However, the fact that such a report shall be given shall be included in the agenda of the relevant State Council meeting.

7. Any decisions of another party body made in camera shall be reported to State Executive.

8. State Council may decide to open in camera minutes of any constituent group for viewing by State Councillors at a State Council meeting, or by such members of State Council or the Misconduct or Administrative Review Panels, as it determines.

Modification History

Action	Body	Date
Endorsed	State Executive	2019-08-15
Amended	State Executive	2019-09-19