NDAs tied to infrastructure projects slammed as ‘entirely antithetical’
Forcing people to sign non-disclosure agreements during community consultations on government projects should be prohibited and over-reliance on external consultants should be urgently ended. Considered by decision of the Victorian Legislative Council. inquiry into community consultation.
The inquiry, which published its final report earlier this month, heard that members of community reference groups, council officers and other representatives could be asked to sign non-disclosure agreements (NDAs), while some residents affected by infrastructure projects were forced to sign non-disclosure orders before receiving solutions to problems created by the construction.
Many were banned from revealing they had signed NDAs, which the inquiry described as “completely contrary to a genuine consultation process”.
“Asking people to sign an NDA before mitigation measures are introduced, such as additional vegetation for screen lighting from new developments, is unacceptable and undermines transparent project delivery,” the report said.
The Victorian Municipal Association, the peak body for Victorian councils, has been found to be “obstructed” from carrying out its duties as a statutory body because officials signed a NDA imposed by the state government.
The inquiry heard “overwhelming evidence” that the state government had failed to apply the standards set out in its own how-to guide for community consultation, and its report called for the use of “glossy, low-detail leaflets” and unclear maps containing vague, incomplete or low-quality information.
The report also criticized over-reliance on external consultants; found that community consultation “can appear like ‘box ticking’ and ‘tokenism’ to the community” without a coordinated purpose, language and design.
Mont Albert resident Susannah Aumann said the findings were no surprise and described her experience giving feedback on the removal of the grade crossing near her home as “gaslighting” and a waste of time.
Aumann said he is not opposed to building a railroad ditch across from his property, but the lack of exact details about its size, design and how close to the street it would be makes him uneasy.
“I remember at one point I was literally begging them, please be honest and upfront with people about what is open to feedback and what is not,” he said.
“The focus was on creating a positive perception of the project rather than honestly communicating with people about what the impacts of the project would be.”
Aumann was so disappointed by her experience that she was among more than 100 individuals and organizations who made recommendations to the investigation.
The report’s 28 recommendations included banning the use of NDAs except where confidentiality is “genuinely required or requested” by participants, soliciting feedback when it can actually be used, and requiring external consultants to comply with the same transparency and accountability requirements as public officials.
In a foreword to the report, Labor MP and inquiry chair Ryan Batchelor said the committee had heard that rushed, narrowly framed or poorly communicated engagement “can undermine trust and lead to disengagement”.
He said practical implementation of engagement guidelines needed to be strengthened to ensure this happened early, transparently and with a clear purpose.
It comes like this state government seeks additional feedback Sketch maps of activity centers in Melbourne, including building heights, boundaries and other features.
A Victorian opposition analysis of online consultations for the Blackburn activity center in Melbourne’s east compared it with findings from the parliamentary inquiry, describing it as “inadequate”.
He claimed that the use of leading questions and limited response options were among the reasons why it “should not be relied upon as meaningful evidence of community input into planning decisions”.
Separately, concerns about consultation were raised within Whitehorse Council on Monday night as councilors considered a motion calling for “genuine” community involvement in planning decisions.
Opposition planning spokesman David Southwick described community consultation for activity centers as “a complete fraud”.
“Under Labor, Victorians have no voice, no choice, and decisions about the future of their local communities are being forced upon them,” he said.
The Victorian government has six months to respond to the inquiry’s recommendations. A spokesman said they would respond in due course.
The spokesman also encouraged the community to take part in a second round of consultations on the draft activity center plans, saying “extensive community feedback has helped shape plans to build more homes close to trains and trams”.
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Rachael Ward is a journalist on The Age’s City team. Contact her at rachael.ward@theage.com.auConnect via email.
