Make a Freedom of Information Request

Benalla Rural City Council produces and holds a range of documents related to our regulatory and operational functions.

This page details the process for accessing the Council's information and making a formal request for our documents. 

 

Before You Make a Formal Request for Access

Before you make a formal request for information, we encourage you to check if the information or document you are seeking is already publicly available on our website.

 

You can access Council documents, plans and policies and other documents for public inspection online. 

 

Our Information Statement(PDF, 238KB)  contains information about our functions and procedures, the types of documents we keep, reports and publications and FOI arrangements (as required under Part II of the Freedom of Information Act 1982).

 

Where you cannot find the information or document you are seeking, we encourage you to contact us and ask if the information or document you are seeking is available or can be provided to you.

 

We may be able to provide you with the information or documents you are seeking without requiring you to make a formal request for access. If we can’t, or the document contains exempt information, we will direct you to make a formal freedom of information request.

 

 

Making a Formal Request For Access to Documents

The Freedom of Information Act 1982 (FOI Act) gives everyone the right to request documents held by the Council.

The type of documents that can be requested extends to all information, however recorded, in the possession or under the control of an agency.

Documents include (but are not limited to) maps, plans, diagrams, graphs, drawings, photographs, videos, audiotapes, CCTV footage and electronic records including emails.

 

Definition of a Document

Document means —

  1. any record; or

  2. any part of a record; or

  3. any copy, reproduction or duplicate of a record; or

  4. any part of a copy, reproduction or duplicate of a record;

 

What can I access to under the FOI Act?

The FOI Act does not apply to documents already publicly available or available for a fee. To protect privacy, public interest and business affairs, some documents may be exempt from access.

 

 The FOI Act gives people the right to:

  • request documents relating to their personal affairs

  • request information about any of the activities of a government agency

  • request that incorrect or misleading information held by an agency about that individual be amended or removed.

The Office of the Victorian Information Commissioner offers helpful tips on how to make a Freedom of Information application.

 

Operational Documents

 

Documents held by the Council which are available to be accessed under a FOI application, subject to exemptions outlined in the Act, include those records created in the line of day-to-day operation and management of the Council includes but is not limited to:

  • Reports

  • Proposals and Plans

  • Email and other correspondence

  • Operational Manuals

  • Draft documents

  • Registers

  • Internal Memoranda

  • Financial Records

  • Presentations

  • Proposals and Plans

  • Contracts and Agreements

  • Personnel Files

  • Policies and Procedures

  • Audio-Visual Material

  • Minutes and Agendas

  • Media releases and publications

 

Under section 17 of the FOI Act, a request must meet three requirements to be valid:

 

  • your request must be in writing;

  • you must provide sufficient information about the documents you are requesting we can identify and locate relevant documents; and

  • you must pay the application fee, or if payment of the application fee would cause you hardship you can request us to waive the fee in full or in part.

 

If we cannot clearly identify the information or documents you are requesting, we will contact you to clarify your request.

Freedom of Information Request Form

You can make formal request for access by emailing council@benalla.vic.gov.au,

or alternatively download an application(PDF, 161KB) form  or complete the form below.

 

Please indicate whether you would like to inspect the documents and/or obtain a copy of the documents. * (required)

 

After You Submit A Request

After you submit a request we will assess it to ensure it meets the requirements outlined in section 17 of the FOI Act. If we determine your request is not valid, we will notify you within 21 days from the date we received your request and provide you with assistance to help you make the request valid. If your request is valid, we will begin processing it.

 

A fee of $32.70 is payable under the Act for the initial application. Additional fees and charges may apply depending on the complexity of your request. View current fees and charges here.

 

Phone 03 5760 2600 to make an EFTPOS or credit card payment over the phone or download and complete the application form and send it back to us with a cheque for the full amount made payable to Benalla Rural City Council.

 

For further information please contact the Council's Freedom of Information Coordinator on 03 5760 2600 or visit the website for the Office of the Victorian Information Commissioner.

 

 

 

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