Freedom of Information

You can make a request yourself, or you can authorise another person (e.g. a solicitor) to make a request on your behalf.

If you want someone to make a request on your behalf for your personal information, you must give them your written authorisation and provide evidence of your identity (e.g. a photocopy or electronic copy of your current driver's license or other photographic identification). The authorisation and evidence must be provided with the application form.

Applications requesting access to documents sought under the Freedom of Information Act must be made in writing. You can lodge your Freedom of Information Request a number of ways:

• electronically via email to foi@wellington.vic.gov.au
• by post, addressed to the:
      Freedom of Information Officer
      Wellington Shire Council
      PO Box 506
      Sale VIC 3850
• in person at one of Council's Service Centers.

When preparing your application, ensure that it:

• clearly describes the documents you are requesting access to;
• be made to the agency that holds the documents you are seeking; and
• includes the application fee or evidence that you qualify to have the application fee waived.

Note: Other costs may be incurred in granting access to the documents that you have requested (see Costs relating to a Freedom of Information request drop down menu below).

‍

There are two costs associated with making a Freedom of Information request: (All fees and charges are exempt from GST)

1. application fee
2. access charges

Note: The Treasurer advises the value of fee units under the Monetary Units Act 2004 and application fee changes are effective from 1 July each year.

‍

Application Fee

The application fee is a fixed cost which is non-refundable. The only exception is for people suffering hardship who can ask the agency to waive the application fee. If you need the application fee to be waived, you must include evidence that payment of the fee would cause you financial hardship. For example, a photocopy or electronic copy of your current health care card.

The Freedom of Information Act states that an application fee will be two fee units.

• Application Fee: $32.70 (non-refundable unless fee is waived)

‍

Access Charges

Access charges relate to the costs incurred in granting access to the documents that you have requested. These costs may or may not apply depending on the nature of your request.

The fees charged for access to the documents identified as relevant to your request.

• Search Charges: $24.50 per hour or part of an hour (rounded to the nearest 10c).
• Supervision Charges: $24.50 per hour to be calculated per quarter hour or part of a quarter hour (rounded to the nearest 10c).
• Photocopying Charges: 20c per black and white A4 page and 30c per black and white A3.
• Providing access in a form other than photocopying: The reasonable costs incurred by the agency in providing the copy.
• Charges for listening to/viewing a tape: The reasonable costs incurred by the agency in making arrangement to listen to or view (Supervision charges also apply).
• Charge for making a written transcript out of a tape: The reasonable costs incurred by the agency in providing the written transcript.

‍

‍Note: These charges are set by Government regulations (Freedom of Information (Access Charges) Regulations 2014). You can see a copy of these regulations at the Victorian Legislation and Parliamentary Documents.

If Wellington Shire Council is not in possession of the documents requested, the request may be transferred to another agency who will process the request.

If Council considers the request is too vague or unclear to allow an officer to identify the documents you are seeking, they will contact the applicant to give them an opportunity to provide information to further reframe and target their request. Once a request is sufficiently clear to enable the officer to identify the documents, it will become a valid request.

Wellington Shire Council has 30 days to process your request however only once we receive a valid request and payment of the application fee (if required). The 30 days does not start on the date the applicant sends the request to Council unless the request satisfies the criteria above on receipt.

Council may also extend the 30 day processing period by up to 15 days if it is required to undertake consultation with third parties. The agency may also seek an applicant's consent to extend the 30 day period by up to an additional 30 days.

When a request has been processed, the applicant will be sent a letter with Wellington Shire Council's decision.

The decision may be:

• to release the document in full;
• to release the document in part;
• to exempt the document in full; or
• that there are no relevant documents in the possession of Council.

Wellington Shire Council must thoroughly and diligently search for the documents to which the applicant seeks access and process each document in accordance with the provisions of the Freedom of Information Act 1982 and Professional Standards.

The relevant access charges must be paid prior to the release of processed documents to the applicant.

An applicant is entitled to access a document unless the document is exempt. However, if it is possible to release a document with exempt material deleted, an agency is obliged to do so if the applicant so wishes. While documents should be released with exempt material deleted wherever practicable, this should not be done if the document as released would then be meaningless, misleading or unintelligible.

Examples which may be exempt under the Freedom of Information Act 1982 include but are not limited to:

• documents containing matter communicated in confidence;
• internal working documents;
• law enforcement documents;
• documents affecting legal proceedings;
• documents affecting personal privacy;
• documents relating to trade secrets etc;
• documents where disclosure would be contrary to public interest; or
• documents to which secrecy provisions apply.

Each Freedom of Information request must be examined and dealt with in accordance with the Freedom of Information Act.

Whilst your request is being processed, you may directly contact the Freedom of Information Officer to discuss the progress of your request or your concerns. Alternatively, if you are unhappy with the way your request is being handled or the decision made by Council, you may contact the Information Commissioner:

Office of the Victorian Information Commissioner
PO Box 24274
Melbourne Vic 3001

Phone: 1300 006 842
Email: enquiries@ovic.vic.gov.au
Website: www.ovic.vic.gov.au

A Part II Statement is a requirement under Section 7 of the Freedom of Information Act 1982. The Act specifies a set of statements which Wellington Shire Council must publish describing its powers and functions, the documents and information maintained and the ways in which people can view or access copies.

‍

For full details on all topics relating to the Freedom of Information Act 1982 (the 'Act') please refer to the OVIC website.

If you are intending to seek access to documents held by Wellington Shire Council, under the Freedom of Information Act, you may wish to contact our Freedom of Information Officer for assistance with lodging a valid request, or to ask if the documents are available to be provided outside of the Freedom of Information Act.

Contact Details:
Freedom of Information Officer
Wellington Shire Council
PO Box 506
Sale Vic 3850

Telephone: 1300 366 244
Email: foi@wellington.vic.gov.au