The Freedom of Information Act gives individuals and organisations a general right to access information held by Council. It also provides a right of appeal if access to information through a Freedom of Information (FOI) request is refused.
How to make a request for information
- A request must be in writing and must clearly provide enough information concerning the document(s) to enable a responsible officer to identify the document(s). An application form is provided below to assist in making a request:
- The application fee specified below must be paid for a request to be valid.
If you wish to apply to waive the application fee, you should provide evidence of how the payment of the fee may cause you hardship (a copy of your current pension card may suffice).
- Send your application to:
Freedom of Information Officer
Swan Hill Rural City Council
PO Box 488
Swan Hill, Victoria. 3585OREmail: firstname.lastname@example.org
Fees and charges
|FOI fees and charges||2019/20|
|Copying – A4||20c per page|
|Copying – Other||Reasonable costs in providing copies|
|Supervised access to documents||$21.67 per hour|
|Search time||$21.67 per hour|
|Deposit if anticipated charges exceed $50|
|Anticipated charges less than $100||$25 deposit|
|Anticipated charges exceed $100||50% of the anticipated charges|
Part || Statement
Part 2 of the Freedom of Information Act requires all agencies to annually publish a statement setting out the particulars of the agency and listing all documents that are either produced by or in possession of the agency.
Some Council information is freely available and you may find what you need without making a Freedom of Information request.
If in doubt, speak to the Freedom of Information Officer about your request before sending the application form and fee.
All requests for information need details about the documents so they can be identified. This includes the estimated date range (if known) of the documents you’re looking for.
If you are unsure about what information is needed to identify your requested documents, the Freedom of Information Officer will help you.
The Freedom of Information Officer has 30 days from the date they receive a valid request to respond unless there is a requirement for mandatory notification to third parties, in which case, an additional 15 days will apply.
Refusal of a request
Not all information is automatically available.
Under the Freedom of Information Act an organisation can refuse access to certain documents. These are often called ‘exempt’ documents.
- law enforcement documents
- confidential matters considered by Council
- some internal working documents
- documents covered by legal professional privilege such as legal advice
- documents with personal information about other people
- documents with “Commercial in-confidence” information or trade secrets
- information obtained in confidence
What if my Freedom of Information application is refused?
If you are refused access to documents or are not satisfied with the decision of the Freedom of Information Officer, you can apply for a review.
The request for a review must be made within 28 days by writing to:
Office of the Victorian Information Commissioner
PO Box 24274
Melbourne Victoria 3001