The City collects and holds a variety of information which allows us to provide services to you and to provide appropriate support to our Elected Members. Information may be:
- Available either electronically or as a physical , such as Council Minutes
- Held in private where supported by relevant legislation such as individual immunisation records
- Available on request under the Freedom of Information Act 1992
Initial enquiries regarding the release of information can be made in person, by telephone on 9364 0666 by email to foi@melville.wa.gov.au or as an online request.
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. 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.
The object of the Act is to:
- Create a general right of access to State and Local government documents
- Provide means to ensure that personal information held is accurate and complete
- Allow certain documents concerning State and Local government operations be made available to the public.
The Act does not apply to information that is:
- Available for purchase or free to the public
- Available for inspection (whether for a fee or charge or not)
- A State archive
- Publicly available library material held by agencies for reference purposes
- Made or acquired by an art gallery, museum or library and preserved for public reference or exhibition purposes.
How to Apply
Freedom of Information requests should be made in writing detailing as much information as possible, or by downloading and completing the Freedom of Information Application Form.
If writing to the City your correspondence should be addressed to:
- FOI Coordinator, City of Melville Locked Bag 1, Booragoon WA 6954
You must provide an Australian address for correspondence.
Your application should always be handled within 45 days of receipt and payment of relevant fees with exact timing dependent on the level of complexity associated with the request. If your application relates to either your personal information or that of other people some form of proof of identification will be required. Suitable identification includes:
- Photo ID (Driver’s Licence, Passport, Proof of Age Card, etc.);
- Aged Pensioner Concession or Seniors Card;
- Birth Certificate or extract (and Marriage Certificate if name has changed); or
- If representing an organisation your designation in that organisation and an application made on organisational letterhead.
Charges
The Application fee of $30.00 for non-personal information must be paid in full. Fees cannot be waived or reduced.
Apart from the application fee for non-personal information, all charges are discretionary. Further information on costs can be found at the Office of the Information Commissioner.
Access to personal information relating only to the applicant is available free of charge. If the applicant finds that the 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.
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:
| Description | Charge |
|---|
| Personal information about the applicant | No fee |
| Application fee (for non personal information) | $30.00 |
| Charge for dealing with the application (per hour, or pro rata) | $30.00 |
| Access time supervised by staff (per hour, or pro rata) | $30.00 |
| Photocopying staff time (per hour, or pro rata) | $30.00 |
| Per photocopy | |
| A4 or A3 copy | $ .20 |
| A0 or A1 copy | $2.50 |
| Transcribing from tape, film or computer (per hour, or pro rata) | $30.00 |
| Duplicating a tape, film or computer information | Actual Cost |
| Delivery, packaging and postage | Actual Cost |
Deposits
- 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%.
FOI Information Statement
The Freedom of 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 May 2018.
Documents Available Without a FOI 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. The Fees and Charges Schedule may be inspected at the City of Melville Offices and at the City of Melville Libraries during their normal opening hours.
- 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
- Mosaic Publication
- Residents / Packs, Other Schools, Councils Organisations
- Policy Manual
- Register of Properties Exempt from Rates
- Various Leaflets and brochures outlining the programs and services of the City of Melville.
Documents that Do Require a FOI Request
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.
Where information is considered to be personally identifying people who are not employed by the City or part of the freedom of information request, specific protections apply within legislation. Unless otherwise authorised by Legislation and/or City Policy, access to documents created that contain personally identifying information will be subject to the provisions of the Freedom of Information Act 1992 (FOI Act).
Frequently Asked Questions
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 is handled by the Executive Manager Legal Services or delegated alternative officer who is independent of the FOI Coordinator.
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).
If you are not satisfied with the outcome of an internal review you may apply to the Information Commissioner for an External Review. This request must be made in writing to the Information Commissioner giving details of the decision to which your complaint relates.
Appeals on the to the Supreme Court can be made regarding 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.
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.
Organisation Decision Makers Regarding Access or Amendment
The FOI Coordinator 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 Executive Manager Governance & Legal Services.