Freedom of Information (FOI)
This Information Statement is published by the City of Melville in accordance with the requirements of Section 96(1) of the Freedom of Information Act 1992.The City of Melville is pleased to comply with the legislation and welcomes enquiries. An updated Information Statement will be published every twelve (12) months. This statement was released in August 2016.
1.1 WHAT IS THE FREEDOM OF INFORMATION ACT ALL ABOUT?
The Freedom of Information Act grants you the legally enforceable right to access records (which are not otherwise exempt) held by both State and Local Government agencies. You do not need to demonstrate any connection to or reason for seeking access to these records.
It gives you the right to apply to have personal information we hold to be altered if you believe it is inaccurate. (At no cost).
It obligates the City of Melville to make certain information available about the way it operates.
1.2 WHAT ARE THE COSTS INVOLVED?
The costs may vary from one application to another dependent upon the information required. An initial fee of $30.00 is payable on lodgement of the application. Charges also apply at the rate of $30.00 per hour for processing, supervision, transcribing and photocopying time. Photocopying charges of 20 cents apply for each copy. Additional charges may apply in respect of the provision and delivery of information.
The City may require an advance deposit on charges payable. (Full details of charges are detailed at the end of this section).
1.3 WHAT CAN I DO IF I AM DENIED ACCESS TO SOMETHING?
The Freedom of Information Act provides for a review and appeal process. You may seek an Internal Review or if you are still not satisfied a review by the Information Commissioner and still further you can appeal to the Supreme Court.
The Internal Review " If you are dissatisfied by a decision that we make concerning your application then you can apply to the City for an Internal Review of this decision. To apply for an Internal Review you must make application in writing and lodge it with the City within thirty (30) days of being notified of the original decision. There is no charge for an Internal Review. (A form is available to assist with the application for an Internal Review).
External Review by the Information Commissioner " If you are still dissatisfied after the Internal Review has been completed, you may seek a review by the Information Commissioner. This request must be made in writing to the Information Commissioner giving details of the decision to which your complaint relates.
Appeals to the Supreme Court " Any party to a complaint may appeal to the Supreme Court on any question of law arising out of a decision of the Information Commissioner, except for a decision as to the deferral of access to a document, the charges to be imposed for dealing with an access application and the payment of a deposit on account of charges.
1.4 FOI APPLICATION
To be a valid application, the FOI Act requires that an application must:
- be in writing;
- give enough information to identify the documents;
- given an Australian address for correspondence;
- be accompanied by the application fee;
- be lodged at the office of the agency;
- give any other information required under regulations
A form is available to assist you in submitting an appropriate application, otherwise a written application would be sufficient.
The City of Melville may request proof of your identity, eg. current drivers licence.
If you are seeking access to a document(s) on behalf of another person, the City of Melville will require authorisation, usually in writing.
Your application will be dealt with as soon as practicable (within 45 days) after it is received.
Further information can be obtained from the City of Melville Freedom of Information Coordinator (Telephone: (08) 9364 0613).
The Freedom of Information Act 1992 is available for purchase from the State Law Publisher, 10 William Street, Perth (Telephone: (08) 9321 7688).
1.5 FORMS OF ACCESS
You can request access to documents by way of inspection, a copy of a document, a copy of an audio or video tape, a computer disk, or a written document in case of a document where words can be reproduced in written form.
Click here for an application form
1.6 FREEDOM OF INFORMATION CHARGES
A scale of fees and charges set under the FOI Act Regulations appears below. The Application Fee for non personal information must be paid in full. Fees can not be waived or reduced. Apart from the application fee for non-personal information, all charges are discretionary. The charges are as follows:-
Personal information about the applicant
Application fee (for non personal information)
Charge for dealing with the application (per hour, or pro rata)
Access time supervised by staff (per hour, or pro rata)
Photocopying staff time (per hour, or pro rata)
A4 or A3 copy
A0 or A1 copy
Transcribing from tape, film or computer (per hour, or pro rata)
Duplicating a tape, film or computer information
Delivery, packaging and postage
- Advance deposit which may be required by an agency under Section 18(a) of the Act, expressed as a percentage of the estimated charges which will be payable in excess of the application fee. 25%
- Further advance deposit which may be required by an agency under Section 18(4) of the Act, expressed as a percentage of the estimated charges which will be payable in excess of the application fee. 75%
For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge payable maybe reduced by 25%.
2.0 OPERATION OF FREEDOM OF INFORMATION ACT IN THE CITY
Freedom of Information.
2.1 INITIAL ENQUIRIES
Initial enquiries regarding the release of information should be made to the Senior Information Officer either in person at the Melville Civic Centre or by telephone on (08) 9364 0613.
2.2 REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT
Requests for information not included in Point 3.0 of this document, will be considered in accordance with the Freedom of Information Act 1992 legislation.
Freedom of Information requests should be made in writing detailing as much information as possible, however, to assist in providing details of the information required, application forms are available from the Melville Civic Centre. Written requests should be forwarded with the application fee of $30.00 to:
Chief Executive Officer
Manager Information and Corporate Support
The applicant has the right to request an estimate of the likely charges for the application if the access cost is likely to exceed $25.00. An estimate can be made after completing the full application and the applicant may then choose whether to continue with the application.
Applicants will receive a response from the City as soon as possible and within the statutory forty five (45) days of receiving the request with the application fee.
Any applicant unhappy with the decision made by the City in relation to the provision of access to documents may apply for an internal review of the decision.
2.3 ACCESS AND AMENDMENT TO PERSONAL INFORMATION
Access to personal information pertaining only to themselves is available to the public free of charge.
If a person finds that information contained in a document is inaccurate, incomplete, out of date or misleading, then the person can apply to the City to amend the information.
2.4 ORGANISATION DECISION MAKERS REGARDING ACCESS OR AMENDMENT
The Senior Information Officer decides what information may be released and what information is exempt under the Freedom of Information Act.
Decisions relating to the review of a request for information are made by the Chief Executive Officer
3.1 DOCUMENTS AVAILABLE WITHOUT SUBMISSION OF A FREEDOM OF INFORMATION REQUEST
The following documents are available for public inspection at the Melville Civic Centre free of charge. Members of the public may purchase copies of these documents. The charges for these documents are set annually by the Council and the Fees and Charges manual may be inspected at the City of Melville Offices, ground floor reception, 10 Almondbury Road Booragoon and at the City of Melville Libraries during their normal opening hours. Some of the following documents or related information is available here online.
Please click on the active links below to view.
Community Planning Scheme No.5 (maps and CDROM’s are also available from Council Offices)
Council & Committee Minutes) unless classified as confidential)_ are also available from the Civic Centre and/or five public libraries.
Customer Services Officers Manual
Delegated Authority Manual
Details of Representation on Committees
Electoral Rolls : Individual Wards
Rates and Charges
Local Laws Manual
Residents / Packs, Other Schools, Councils Organisations
Register of Properties Exempt from Rates
Various Leaflets and brochures outlining the programs and services of the City of Melville
Documents not highlighted are available from Council Offices.
3.2 OTHER DOCUMENTS HELD BY THE CITY
The City of Melville holds a number of different types of documents for which a Freedom of Information request for information should be submitted. These include letters and general correspondence, internal reports, external reports to other agencies, plans, memorandums, drawings and videos. Information is held on the Citys central records system which is an electronic document management system grouped into functional areas. Personal information is held either on personnel files or in client files held by Employee Services.
4.0 LEGISLATION ADMINISTERED
Information regarding Freedom of Information at the City of Melville
The following is a list of enabling legislation and legislation for which the City is either responsible for administering or bound by certain provisions contained therein.
Notice that the headings in each section are not consistent e.g. headings in section 4, 5, 6, 7 and 8 are different font and highlighted blue etc to headings in sections 1, 2 & 3.
4.1 STATE AND FEDERAL LEGISLATION
- BUILDING CODE OF AUSTRALIA
A series of Codes prescribing building standards throughout Australia.
- BUILDING REGULATIONS 1989
Details administrative procedures involved with Building Regulations.
- BUSH FIRES ACT 1954 AND ASSOCIATED REGULATIONS
To make better provision for diminishing the dangers resulting from bush fires, for the prevention, control and extinguishments of bush fires.
- CEMETERIES ACT 1986
To provide for the declaration and management of cemeteries, the establishment, constitution and functions of Cemetery Boards, the licensing of Funeral Directors, and the regulation of burials.
- COMMUNITY PLANNING SCHEME NO. 5
The legal instrument which controls the use and development of all land in the City of Melville.
- CONTROL OF VEHICLES (OFF-ROAD AREAS) ACT 1978
To prohibit the use of vehicles in certain places, to make provision as to the use of vehicles otherwise than on a road, to provide for areas where the use of off-road vehicles shall be permitted, for the registration of off-road vehicles, and for related purposes.
- DIVIDING FENCES ACT 1961
Relating to the construction and repair of dividing fences between certain lands.
- DOG ACT 1976 AND ASSOCIATED REGULATIONS
To amend and consolidate the law relating to the control and registration of dogs, the ownership and keeping of dogs and the obligations and rights of persons in relation thereto, and for incidental and other purposes.
- ENVIRONMENTAL PROTECTION ACT 1986
To provide for an Environmental Protection Authority, for the prevention, control and abatement of environmental pollution, for the conservation, preservation, protection, enhancement and management of the environment.
- EQUAL OPPORTUNITY ACT 1984
To ensure equal employment opportunity for everyone.
- FREEDOM OF INFORMATION ACT 1992
To provide public access to documents, and to enable the public to ensure that personal information in documents is accurate, complete, up to date and not misleading, and for related purposes.
- HEALTH ACT 1911 AND ASSOCIATED REGULATIONS
Consolidate and amend the Law relating to Public Health.
- HERITAGE OF WESTERN AUSTRLAIA ACT 1990
Requires all local authorities to compile and regularly review an inventory of local places which are significant or may become significant heritage properties.
- INTERPRETATION ACT 1984
To define terminology found in many other Acts and Regulations.
- JUSTICES OF THE PEACE ACT 2004
To provide for the appointment of Justices of the Peace and for related purposes.
- LAND ADMINISTRATION ACT 1997
To make provision for the management and reservation of Crown Land.
- LIBRARY BOARD OF WESTERN AUSTRALIA ACT 1951 AND PUBLIC LIBRARIES REGULATIONS OF 1985
Relates to the operation of public libraries.
- LIQUOR LICENSING ACT 1988 AND ASSOCIATED REGULATIONS
Administered in part by Local Government to regulate the sale, supply and consumption of liquor, use of premises on which liquor is sold and the services and facilities provided in conjunction with or ancillary to the sale of liquor.
- LITTER ACT 1979 AND ASSOCIATED REGULATIONS
To make provision for the abatement of litter, establish, incorporate and confer powers upon the Keep Australia Beautiful Council (WA).
- LOCAL GOVERNMENT ACT 1995 AND ASSOCIATED REGULATIONS
- LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960
To provide for the good rule and government, convenience, comfort and safety of persons in local authority districts.
- LOCAL GOVERNMENT GRANTS ACT 1978
A provision whereby the City can apply and obtain grants.
- MAIN ROADS ACT 1930
The closure of roads without notice if their condition is unsafe for vehicular movement or use. To delineate responsibility for traffic control signs.
- METROPOLITAN REGION SCHEME
The Metropolitan Region Scheme is a statutory land use planning scheme for the Perth Metropolitan Region.
- OCCUPATIONAL SAFETY & HEALTH ACT 1984 AND ASSOCIATED REGULATIONS
Administered in part by Local Government, to promote and improve standards for occupational health, safety and welfare and to co-ordinate the administration of the laws relating to occupational safety and health for incidental and other purposes.
- PLANNING AND DEVELOPMENT ACT 2005 AND ASSOCIATED REGULATIONS
To provide for a system of land use planning and development in the State.
- POLICE ACT 1892
The temporary closure of streets when conflict with pedestrians may occur.
- PUBLIC WORKS ACT 1902
To consolidate and amend the laws relating to public works.
- RATES AND CHARGES (REBATES AND DEFERMENTS) ACT 1992
To permit administrative authorities to allow rebates on, or the deferral of payment of, certain amounts payable by way of rates or charges by pensioners and other eligible persons.
- STATES ADMINISTRATIVE TRIBUNAL ACT 2004
To establish a tribunal with jurisdiction under this and other Acts to review certain administrative decisions and deal with certain other matters.
- STRATA TITLES ACT 1985
To facilitate the subdivision of land into cubic spaces and the disposition of titles thereto, to provide for incidental and connected purposes.
- SWAN RIVER TRUST ACT 1988
To protect the environs of the Swan and Canning Rivers.
- TOBACCO PRODUCTS CONTROL ACT 2006 AND ASSOCIATED REGULATIONS
Administered in part by Local Government, to regulate the sale and promotion of tobacco products.
- VALUATION OF LAND ACT 1978
To provide for the valuation of land and for other purposes.
4.2 CITY OF MELVILLE LOCAL LAWS
All local laws are available online free to download. Visit the policies and local laws page here.
5.0 ORGANISATION STRUCTURE
Information about Freedom of Information at the City of Melville
The City has four (4) divisional Directors who are directly responsible to the Chief Executive Officer. The Directors oversee the running of the four (4) main Service Areas within the City - Customer and Corporate Services, Strategic Community Services, Technical and Development Services and Strategic Urban Planning and Projects.
The Executive Management Team is supported by eleven (11) Operational Managers who manage the day-to-day running of the operational areas.
All staff employed by the City are responsible to and report to the Chief Executive Officer.
5.2 THE COUNCIL
The Council is made up of members of the local community who are elected to office by residents and ratepayers of the City.
The Council is led by the Mayor and twelve (12) Councillors who serve in six wards " two (2) Councillors per ward. The wards are Bicton"Attadale, University, Palmyra"Melville"Willagee, Applecross"Mt Pleasant, City and the Bull Creek"Leeming Ward. As a group they are the decision and policy making body.
Each Councillor, and the Mayor, is elected for a four (4) year term. The next Local Government Elections will be held in October 2017.
6.0 DECISION MAKING FUNCTIONS
Information about Freedom of Information at the City of Melville
6.1 THE LOCAL GOVERNMENT ACT 1995
The Local Government Act prescribes the parameters within which the City must function.
6.2 THE MAYOR
The Mayor is the Citys Civic Leader, presides at all meetings of the Council and in conjunction with the Chief Executive Officer signs every Deed, Conveyance, Agreement and Contract under the Common Seal of the Council.
The Mayoral position has special emergency powers for decision and direction to the Chief Executive Officer.
6.3 THE CHIEF EXECUTIVE OFFICER
The day-to-day management of the City rests with the Chief Executive Officer. Under the leadership of the Chief Executive Officer, the staff act on the Council decisions by developing and implementing policies and resolutions.
6.4 MEETING PROCEDURE
The Local Laws relating to the Conduct of Proceedings of the Business of the Council, known as the Meeting Procedures Local Law 2017, governs the proceedings of the Council and Committee meetings. In governing the proceedings of a meeting, the Local Law specifically details issues such as the order of business at Council meetings, the conduct of the meetings with regard to determinations by the Chairperson, rules of debate, voting and amendments and various miscellaneous matters.
6.5 COMMITTEES OF THE COUNCIL
To enable the Council to conduct its business more effectively, the Council has recently moved to an Agenda Forum / Council structure for the way it conducts its meetings.
This has resulted in the abolishment of the Community & Technical Services Committee and the Development & Neighbourhood Amenity Committees, with these being replaced with an Agenda Forum.
The Agenda Forum allows Elected Members to become more informed on matters prior to formal consideration at the Ordinary Meeting of Council. The forums encourage greater open dialogue between Elected Members, Officers and members of the public, and allow Elected Members to gain maximum knowledge and understanding of issues prior to presentation at the Ordinary Meetings of Council.
6.6 POLICIES OF THE COUNCIL
In order to provide guidance for the Officers of the City, the Council adopts policies which are included in the Policy Manual and provide the basis for decision making.
The Policy Manual includes policies on Administration, Building, Community Services, Council Members, Engineering, Finance, Health, Human Resources, Libraries, Parks and Reserves, Planning and Recreation.
6.7 DELEGATED AUTHORITY
The Chief Executive Officer has Delegated Authority from the Council to make decisions on a number of specified administrative and policy matters. Certain delegations have been on-delegated to senior members of staff. All delegations are listed in a Register and are reviewed annually by the Council.
6.8 LOCAL LAWS
Local Laws are adopted by the Council to ensure that such things as reserves and parking facilities in the City of Melville are maintained for all residents of the City to utilise. All Local Laws for the City of Melville are contained in the Local Laws Register.
8.0 PRIVACY STATEMENT
Information about Freedom of Information at the City of Melville
At the City of Melville, we know that you care how your personal information is handled and we appreciate your trust that we will do so carefully, sensibly and in complying with the Commonwealth Privacy Act 1988 and the National Privacy Principles included in the Information Privacy Act 2000 Amendment (Private Sector).
This privacy statement applies to the City of Melville and your use of the City of Melville website. We recognise that our users may have concerns about their privacy and confidentiality whilst dealing with us and we would like to take this opportunity to advise interested parties of issues that surround the Organisations management of personal information and provide reassurance of our position.
8.1 INFORMATION WE COLLECT
To allow us to respond to your enquiry, we may need to collect your name, mailing address, phone number, and email address. Personal information is collected within the City of Melville by written correspondence, phone, email and verbally at the Reception Counters.
The City of Melville maintains a comprehensive database of properties, which includes personal information relating to property owners such as names, addresses, and also records any issues such as complaints and enquiries relating to a property.
8.2 HOW INFORMATION IS USED
This information is used for responding to requests within the City of Melville relating to various services that we provide. Your information is used to administer and manage those services, including billing arrangements. Additionally, we may use your information for ongoing research and development of our services.
8.3 SENSITIVITY AND ANONYMITY
The City of Melville will not collect sensitive information unless the individual has consented or is required by law. The City of Melville will also give its customers the option to interact anonymously, providing it is in compliance with the law and practicable to do so.
We collect information on website activity, such as the number of users who have visited, the number of pages viewed, navigation patterns, what systems users have and the date and time of visits. This information is collected for statistical purposes only and cannot be used to identify you.
8.4 USE AND DISCLOSURE OF PERSONAL INFORMATION
We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorised use of the City of Melville website; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
8.5 QUALITY OF PERSONAL INFORMATION
The City of Melville aims to ensure that your personal information held is accurate, complete and up-to-date. To help us with this, please contact us if any of your information, you have provided, changes and we will use all reasonable efforts to correct the data.
8.6 SECURITY OF PERSONAL INFORMATION
The City of Melville is committed to keeping secure the data you provide us. To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of information, we have put in place physical, electronic, and managerial procedures to protect the information we collect from you.
The City of Melville website employs cookies to recognise you and your access privileges. A cookie is a small data file that is sent from our webserver and stored on your computers hard drive. You may choose to reject the cookie, which will still allow you to visit the website, but may limit your experience and you will not be able to access all areas of our website.
8.7 ACCESS AND CORRECTION TO PERSONAL INFORMATION
If you believe that we hold personal information about you, or you want to submit corrections, you can ask for a copy by contacting the City of Melville on 9364 0666, Email email@example.com or by writing to Locked Bag 1, Booragoon WA 6954. You may be asked for identification and some of the information could possibly be subject to exemptions allowed by law under the Freedom of Information Act 1992.
The City of Melville website contains links to third party websites. Please be aware that the City of Melville is in no way responsible for the privacy practices on these sites.
8.10 CONTACTING US
If you have any questions about this privacy statement, the privacy practices of the City of Melville, or you wish to make a privacy complaint, please contact:
The City of Melville
Locked Bag 1
Booragoon WA 6954
Ph: (08) 9364 0666
By providing any information, you agree to the collection, use and disclosure of that information as contemplated by this privacy statement.
We reserve the right to change this privacy statement at any time. Further information on the Privacy Act and the National Privacy Principles can be found on the Australian Privacy Commissioners website www.privacy.gov.au