Gilmore MP and Shoalhaven Mayor Joanna Gash says she won't be making any apology after Shoalhaven City Council switched off its CCTV network in Nowra's CBD after doubts were raised about its legality.
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The council's CCTV cameras were turned off last week after the NSW Administrative Decisions Tribunal (ADT) ruled privacy laws had been breached under the Privacy and Personal Information Protection Act 1998.
Shoalhaven council was also ordered to render a written apology for the breaches to Adam Bonner, the man who took the complaint to the ADT and advise Mr Bonner of the steps to be taken by the council to remove the possibility of similar breaches in the future.
However Cr Gash said if an apology was to be written she would leave that in the hands of council's general manager Russ Pigg.
"I don't believe we should deliver an apology," Cr Gash said.
"This goes against all my principles.
"We are trying to work with the community and police to combat crime, graffiti and break-ins.
"Businesses can have them, yet because they belong to the council [Mr Bonner] objects."
In her role as Gilmore MP, Cr Gash was the key to obtaining the funds for the Nowra cameras under a Howard government program.
Cr Gash said handing the cameras completely over to the police was one of a number of options the council was considering, but was mindful that it was the council that was given the funding and spent further money on the program.
"There are a number of questions that need answering, like do we appeal, but the consensus at the moment is to wait and see what the state government will do."
The ADT found the footage collected by the cameras was of such poor quality that the information would be of little assistance for law enforcement purposes, but Cr Gash disagreed, arguing they had already assisted police.
The ADT found the vast majority of the information collected under the council's CCTV program was "collateral information" and not relevant to the "crime prevention" purpose, and the personal information collected was "excessive, inaccurate and incomplete".
Data presented to the tribunal also showed that since the program was implemented, crime in Nowra's CBD had increased in categories of assaults, break-and-enters and malicious damage.
Concerns have been raised over the precedent the move would have for CCTV cameras nationwide.
A Wollongong City Council spokesman said the council was reviewing the decision of the ADT and how that would impact on the council's CCTV network.
"We have recently undertaken a comprehensive review and development of a new CCTV policy and code of practice," the spokesman said.
"In light of this preliminary decision council will also review our policy to ensure it continues to be current.
"Council will be seeking enhanced clarity from both levels of government reading legislation and guidelines that relate to the operation of CCTVs."
Meantime, Cr Gash said she had written to the federal government urging them to bring forward amendments to the Commonwealth Privacy Act in order to reaffirm the right of local government to operate CCTV cameras.
"When federal Parliament resumes next week, I will also be addressing the Parliament to remind the government of the urgency of such an amendment," Cr Gash said.
"The Coalition has already stated that any government moves to amend the Privacy Act for this purpose would have full bipartisan support.
"While the ruling on the use of the cameras was made by the ADT on the basis of current state legislation, I'm of the belief that a similar ruling would be made if the case was tested through the prism of federal law."