The Local Government Inspectorate has urged councils to secure their IT systems after Moorabool council records were accessed by a former councillor without clearance.
Moorabool council lodged two complaints with the inspectorate in November 2013 and May 2014 alleging leaks of confidential information.
The complaints, lodged by chief executive Rob Croxford, related to confidential details of the council’s review of family day care, as well as information about a block of land at Taverner Street.
Mr Croxford alleged the release of the information breached section 77 of the Local Government Act, and the inspectorate launched an investigation, interviewing councillors and witnesses, and analysing access logs to the council’s supposedly secure website.
As a result, a former councillor was interviewed by the inspectorate, but has not been named.
In a letter to the council, inspectorate investigations and compliance manager Ross Millard said the person interviewed was found to have made improper use of information acquired as a result of being a councillor, and accessed data without authorisation.
The inspectorate found the former councillor repeatedly and knowingly accessed the council’s website without authorisation.
Chief Municipal Inspector David Wolf said that despite a thorough investigation, the inspectorate was not able to take any action against the former councillor.
The inspectorate sought legal advice about convicting the former councillor of misuse of position, but was unable to prosecute because it could not prove that they gained any advantage by access to the information.
The inspectorate also sought to prosecute the former councillor with a summary offence of unauthorised access to restricted data under the Crimes Act, but statutory time limits prevented charges being laid.
The inspectorate has urged councils to ensure that only those who are authorised have access to confidential and internal council information.
Mr Croxford said the investigation had no adverse findings for current councillors, or the council, and changes since have further secured its website.
