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About Council

Freedom of information

You can request access to documents held by Council. What you can access and how you go about it is guided by the Freedom of Information Act 1982.

This includes written documents in printed or in electronic form, photographs, letters, reports, maps, audio and video recordings.

Submitting a Request for Information

To submit an FOI request to Council you must:

  • complete our online FOI Request Form below
  • wait for a Council officer to contact you to pay the non-refundable fee

Your request must include a description of the documents that you are seeking. Include a time period and the type of documents you are seeking e.g. ‘Reports between Mr A and Mr B from 1 January 2010 to 1 February 2010'. Make sure your request is specific to avoid being charged for irrelevant documents.

Use concise language; try to avoid vague phrases such as ‘all documents in relation to' and ‘including but not limited to'.

Fees and Charges

When you submit a request access to documents you must pay an application fee.

You may also be charged for search and retrieval services, photocopying etc. If we think that your application costs will exceed $50, we will contact you and ask you to pay a deposit and confirm that you wish to continue with the request.

GST is not payable on any fees or charges under the FOI Act.

Processing your Request

When we receive your request, our Freedom of Information Officer will:

  • determine if it is a valid request
  • write to you to acknowledge receipt of your request
  • forward your request to the relevant area to request the documents
  • conduct a search on Council's Electronic Document Management System
  • review the documents to make sure they meet the search criteria
  • remove irrelevant documents or sections of documents in accordance with the Act.

Under the Act, Council has 30 days to process a valid request, from the day we receive your request and application fee.

Exempt Documents

Council can refuse to give you access to certain documents or information. You may be refused access to an entire document or be given access to a document with exempt information deleted.

Exempt documents or information might include:

  • internal working documents
  • law enforcement documents
  • legal advice
  • personal information about 3rd parties
  • confidential documents or documents that are covered by secrecy provisions in other legislation.

Requesting a Review

If you are not satisfied with the decision made by our FOI Officer, you can request a review. Your request must be in writing and within 28 days of receiving the decision and should be addressed to:

Freedom of Information Commissioner
Office of the Freedom of Information Commissioner
PO BOX 24274
Melbourne VIC 3001

For more information go to the Freedom of Information Commissioner website.

About the Freedom of Information Act

The Freedom of Information Act 1982 provides the community with a right to access information (unless categorised as exempt) in the possession of the Government of Victoria and other bodies constituted under the law of Victoria.

For more information about the Act, go to the Department of Justice's Freedom of Information website.

Mitchell Shire Council Freedom of Information Part II Statement

Each year we are required to publish a statement about our what we do and how we are structured, and list all documents that are either produced by us or in our possession.

The purpose of this Part II Statement is to:

  • make the community aware of the existence of documents held by Mitchell Shire Council
  • provide the community with the information needed to identify specific documents of interest
  • provide details of how to apply for access to said documents

Apply for Freedom of Information - Form

Residential Address

Postal Address

When processing your FOI application, Mitchell Shire Council is required to seek the views of any individuals or businesses whose information is contained in the documents, if that forms part of your request.
Do you require personal information as part of your request?
During this consultation process, do you consent to Mitchell Shire Council identifying you as the FOI applicant?

Request Details

In accordance with the Freedom of Information Act 1982, the applicant hereby applies for access to the following documents.
Please be clear and concise.
Form of Access  

Fees and Charges

An application fee will accompany this request and must be paid before the application can begin to be processed.

Payments can be made in person at one of our Customer and Library Service Centres or via credit card over the phone.

Council may also charge access costs for search and retrieval, supervision (in cases of inspection) and copying (per black and white A4 page).

Where the payment of fees or charges may cause financial hardship, you may apply for a reduction or waiver. If you wish to request a reduction or waiver, please attach a copy of any documentary evidence, or alternatively provide written reasons as to why the payment would cause financial hardship.

Declaration

This page was last updated on 10 July 2019.