Confidentiality

• The OIA cannot enforce confidentiality but we ask all parties to respect it.
• We ask both complainants and councillors to maintain confidentiality and respect the legislated process for resolving complaints by not publicly revealing the details of a complaint or the existence of an investigation.
• When a complainant goes public this is not fair to the councillor; it undermines due process and may cause reputational damage on a matter which may not result in a referral to the CCT or a misconduct finding.
• When a councillor goes public this is not fair to the complainant; it can be perceived as trying to undermine the councillor conduct framework and may encourage complainants to also reveal the complaint for their own purposes.
• The identity of a complainant will be protected unless disclosure is required for investigations or a tribunal or court hearing. Complainants will be contacted if their identity is likely to be disclosed.
• If a complainant is making a public interest disclosure the requirements of the Public Interest Disclosure Act 2010 will be followed.