Official procedure for impoundment of private property
Dear Mitchell Shire Council,
I am writing to request information under the Freedom of Information Act. My request is twofold:
1. **Impoundment Procedures and Processes**: I seek detailed documents on the council's procedures and processes for the impoundment of private property. This request includes criteria for impoundment decisions, processes for property owners to reclaim impounded items, and guidelines on prior notification to owners.
2. **Public Servants' Performance Bonds**: Additionally, I would like to know where I can find information regarding public servants' performance bonds, specifically relating to positions that would oversee or be involved in the impoundment of private property. This includes how to access details about the bonds, the criteria for claims against these bonds, and the steps required to make such a claim.
Yours faithfully,
Ayden Garrett Black
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Good afternoon Ayden,
I refer to your application received by Mitchell Shire Council on 6 May
2024 in which you requested access to copies of documents under the
Freedom of Information Act 1982 (‘the Act’). Details of your request are
listed below:
“1. **Impoundment Procedures and Processes**: I seek detailed documents on
the council's procedures and processes for the impoundment of private
property. This request includes criteria for impoundment decisions,
processes for property owners to reclaim impounded items, and guidelines
on prior notification to owners.
2. **Public Servants' Performance Bonds**: Additionally, I would like to
know where I can find information regarding public servants' performance
bonds, specifically relating to positions that would oversee or be
involved in the impoundment of private property. This includes how to
access details about the bonds, the criteria for claims against these
bonds, and the steps required to make such a claim.”
S17(2A) of the Act requires that an application be accompanied by a fee of
$31.80. Council cannot process your request until you pay this
application fee. This application fee can be in person at one of our
Customer Service Centres or over the phone by contacting 5734 6200 and
quoting our reference IM/05/018-160.
Under s17(2B) of the Act, the application fee may be waived or reduced if
it is determined that the payment of the fee would cause hardship to the
applicant. In order for me to make this determination could you please
provide me with evidence to support your position (such as a social
security concession card, healthcare card or pensioner card in your name)?
A valid request does not exist under the Act until this application fee,
or sufficient evidence to support a waiver or the application fee, is
received.
If you have any questions, please contact me.
El McComish
Senior Governance Officer
113 High Street, Broadford VIC 3658
T 03 5734 6369
[1]mitchellshire.vic.gov.au
TTY users phone 133 677 then ask for (03) 5734 6200. TIS users call 13 14
50.
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This message may contain privileged and confidential information. If you
are not the intended recipient, you must not disclose, distribute, copy or
use the information contained in this email or any attachments. If you
have received this message in error, please notify Mitchell Shire Council
by return email and delete this email and any attachments from your
system. Any views expressed in this message are those of the individual
sender and may not necessarily reflect the view of Mitchell Shire Council.
References
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1. https://www.mitchellshire.vic.gov.au/
2. https://www.mitchellshire.vic.gov.au/abo...
Dear El McComish,
Good afternoon,
In receipt of your recent correspondence regarding my Freedom of Information Act request, I am compelled to express my profound disappointment and grave concerns over the bureaucratic inefficacy and lack of transparency displayed by Mitchell Shire Council. Your reliance on procedural red tape as a potential means to delay or obstruct access to information of public interest is unwarranted and fundamentally unacceptable.
The imposition of a $31.80 application fee as a precondition for processing an FOI request, while legally stipulated, appears more as a deterrent than a procedural necessity. To suggest that this fee could stand in the way of accessing public information underlines a worrying approach to governance and accountability.
Regarding your request for proof of financial hardship to waive this fee, it's unreasonable to expect requestors to disclose their financial vulnerabilities to access information rightfully within the public domain. This not only places an undue burden on individuals but also questions the council's dedication to ensuring transparency and public access to information, both of which are critical to a functioning democracy.
It is alarming that, instead of promoting easier access to public information, particularly that which pertains to processes around the impoundment of private property, the council appears to shield itself behind bureaucratic procedures.
I propose a practical alternative to navigate your financial hardship concerns. I suggest inquiring directly with Adam Evans about my current financial situation. Mr. Evans is well acquainted with my circumstances and can provide a transparent account of my financial position. This will eliminate the need for me to publicly disclose sensitive financial information and streamline the process, aligning with the council’s duty to facilitate access to information in a responsible and efficient manner.
I urge the council to reconsider its reliance on administrative barriers that neither serve the public interest nor foster trust and confidence in the governance of Mitchell Shire. An insistence on obstructive practices only detracts from the council's duty to ensure a transparent, accountable public sector.
I await your prompt action and a reevaluation of your policies regarding public access to information. Our community deserves governance that encourages, rather than discourages, engagement and scrutiny.
Best regards,
Ayden Black