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.
Before applying
Making an FOI request should be considered a last resort. Before making a formal request you should review:
Before submitting a request under the FOI Act, it may be worth contacting Council on 03 5036 2333 or email council@swanhill.vic.gov.au to discuss whether the information you seek is accessible outside of the FOI Act.
How to apply
What happens next?
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. For a Freedom of Information request to be considered valid it must:
- be in writing
- provide a clear description to enable us to identify the document(s) being sought;
- and be accompanied by an application fee
If clarification of your request is required, or you have not paid your application fee, the 30 days will not commence until all three of the above requirements are met. Where access fees are expected to exceed $50, the 30 days will not commence until a deposit on those fees is paid.
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. Examples include:
- 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
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 in writing within 28 days to:
Information Commissioner
Office of the Victorian Information Commissioner
PO Box 24274,
Melbourne. VIC 3001