Man banned from attending local council meetings
What was the case?
The CEO of a local council banned Jonathan from attending all council meetings for 12 months. The CEO told Jonathan this was due to his behaviour towards Councillors, Council staff and community members.
Jonathan felt there was no justification for the ban. He thought the CEO had not followed proper process. He also said his human rights had been breached.
Our enquiries
We reviewed:
- correspondence between the CEO and Jonathan about the ban
- Council minutes
- online footage of relevant council meetings to observe Jonathan’s conduct.
We considered whether the CEO had unreasonably limited Jonathan’s right to:
- take part in public life ( section 18 of the Victorian Charter of Rights Act)
- freedom of expression ( section 15 of the Victorian Charter of Rights Act)
- peaceful assembly ( section 16 of the Victorian Charter of Rights Act).
Outcome
We decided the CEO’s decision was not unreasonable or incompatible with human rights. We noted that human rights are not absolute and may be limited in certain circumstances.
We found the CEO’s decision was justified, proportionate, necessary and time-bound. We found the CEO had given proper consideration to Jonathan’s rights before making the ban.