Your Council > Contact > Freedom of Information Requests

Introduction

The Freedom of Information Act 1992 (‘the Act’) has, as its objectives, to:

• Enable the public to participate more effectively in governing the state; and
• Make the persons and bodies that are responsible for the State and Local Government more accountable to the public.

In furthering these objectives, the Act requires that respondent agencies publish an annual information statement. This document serves as an orientation guide to Council’s purpose, responsibilities and information is prepared in accordance with Part 5, Section 94 of the Act.

Section 94 of the Act requires each agency to prepare an Information Statement which conveys the maximum possible detail to the public about the agency’s operations. Agencies are required to make this publication available ensuring that the public has access to the information it needs to effectively use Freedom of Information.

All information used in this document is current as at July 2011.

This document details, among other things;

• The structure and function of Council;
• Ways in which the public can participate in council’s decision making processes;
• How the public can gain access to council documents.

Copies of this document can be obtained from the City of Greater Geraldton (‘the city’), Cathedral Avenue, Geraldton; from the Mullewa District Office located at the corner of Padbury and Thomas streets, Mullewa, or from the city’s website at www.cgg.wa.gov.au under access to documents.

Enquiries may be made to the Freedom of Information Coordinator on 9956 6600 during business hours. We look forward to helping you find the information you need.

Lodging Applications

FOI Application forms are available:

• From the Geraldton Civic Centre Office front counter
• From the Mullewa Office front counter
• By downloading using a link at the bottom of this page

FOI Applications must:

• Be in writing
• Give enough information so that the documents requested can be identified
• Give an address to which notices can be sent; and
• Be lodged with the City with the applicable fee payable.

FOI Applications can be lodged by;

Mail:                City of Greater Geraldton, PO Box 101 GERALDTON WA 6531

Fax:                (08) 9956 6674

Email:         council@cgg.wa.gov.au

Or in person at the Geraldton Civic centre office.

Time limits

Once the City has received a valid application, it is required to provide a Notice of Decision within 45 calendar days. The City aims to reply as soon as practicable to any application and will negotiate with the applicant on an extension to the 45 day limit should the application be extraordinarily large or require discussion with a considerable number of third parties.

Should the applicant not be satisfied with the decision provided in the Notice of Decision, they have 30 days in which to lodge an internal review application. Once the internal review application has been received, the City has 15 days in which to respond.

Should the applicant still not be satisfied with the outcome of the internal review, there is a 60 day period in which to lodge an external review application with the Freedom of Information Commissioner. The Commissioner will then undertake the review and forward a response within 30 days.

Charges

Listed below is a scale of fees and charges set under the FOI Regulations. Apart from the application fee for non-personal information, all charges are discretionary and are set by the City. The charges are as follows:

Advance Deposits

Advance deposits which may be required by an agency under Section 18 (1) 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 will be payable in excess of the application fee – 75%

Concessions

For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge payable may be reduced by 25%.

No reduction is applicable to the application fee.

Legislative requirements

The principal legislation governing the operation of Western Australian local authorities is the Local Government Act 1995. In carrying out its functions, a local government is to use its best endeavours to meet the needs of current and future generations through integration of environment protection, social advancement and economic prosperity.

Some of the Acts of parliament that affect the conduct of the business of a local authority include, but are not limited to;

• Town Planning and Development Act 1928
• Health Act 1911
• Dog act 1976
• Bush Fires Act 1954
• Freedom of Information Act 1992
• State Records Act 2000
• Long Service Leave Act 1958
• Workers Compensation and Injury Management Act 1981
• Occupational Safety and Health Act 1984 and many others

Local authorities also operate within a framework of delegated legislation, including orders and proclamations of the Governor, local laws, regulations and ordinances made by statutory authorities. The power to make local laws is generally used by governments to establish and maintain the quality of life in keeping with community expectations.

Information held by the City