Access to the audio recording of Future Melbourne Committee 20 September 2016
Dear Melbourne City Council,
Under freedom of information, I request access to the audio recording of Future Melbourne Committee 20 September 2016.
The recording is an official meeting and a matter of public record.
Precedent exists for all recent audio recordings of Future Melbourne Committee meetings to be made available within days of the meeting. The meeting was recorded.
As an official record of an official meeting prior to a caretaker period (as all are), the audio must be made available.
Yours faithfully,
Simon Mitchell-Wong
Dear Simon,
Your request has been forwarded to our FOI team for their information and to contact you accordingly.
Should you require further assistance, you can email the team directly at [Melbourne City Council request email]
Regards
Lee on behalf of Customer Relations
City of Melbourne I Melbourne Town Hall, 90-120 Swanston Street Melbourne 3000 | PO Box 1603 Melbourne VIC 3001
T: +61 3 9658 9658 I F:+61 3 9654 4854 I E: www.melbourne.vic.gov.au/contactus
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Dear Simon,
I refer to your application received 29 September 2016 requesting copies of the following documents under the Freedom of Information Act 1982 (‘the Act’):
“I request access to the audio recording of Future Melbourne Committee 20 September 2016. The recording is an official meeting and a matter of public record. Precedent exists for all recent audio recordings of Future Melbourne Committee meetings to be made available within days of the meeting. The meeting was recorded. As an official record of an official meeting prior to a caretaker period (as all are), the audio must be made available”.
S17(2A) of the Act requires that an application be accompanied by a fee of $27.90. Council cannot process your request until you pay this application fee.
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, please provide me with evidence to support your position (such as a social security concession card, healthcare card, pensioner card or student card in your name).
If you have any further queries regarding this, please contact me.
Regards,
Evvie Lambrianidis | Council Business Officer | Governance and Legal |
City of Melbourne | Melbourne Town Hall, 90-120 Swanston Street, Melbourne 3000 | PO Box 1603 Melbourne 3001 |
T: 03 9658 9103 | F: 03 9658 8084 | E: [email address]
www.melbourne.vic.gov.au | www.melbourne.vic.gov.au/whatson
We value: Integrity | Courage | Accountability | Respect | Excellence
Please consider your environmental responsibility before printing this email.
This email is intended solely for the named addressee.
If you are not the addressee indicated please delete it immediately.
Dear Evvie Lambrianidis,
Following our phone call earlier today I understand that you will be sending me a link to make a payment. If done, please resend as I have not yet received those details.
Yours sincerely,
Simon MW
Hi Simon.
The audio recording is not part of the minutes of the meeting and is therefore treated like any other document during the election caretaker period. In order to be published, it needs to be certified by the CEO. The CEO is not able to certify material that contains ‘an issue before the voters in connection with the election’ or includes reference to ‘a current Councillor’ or a ‘candidate in the election’. As such, the recording of the meeting cannot be certified and therefore cannot be published.
The recording will be uploaded onto Council's website after the election in the week commencing 24 October 2016.
If you still wish to proceed with your FOI application, an on-line payment can be made here: https://eservices.melbourne.vic.gov.au/e...
As discussed, please note that under the Act, Council has 45 days from the date of payment to process your application.
Regards,
Evvie Lambrianidis | Council Business Officer | Governance and Legal |
City of Melbourne | Melbourne Town Hall, 90-120 Swanston Street, Melbourne 3000 | PO Box 1603 Melbourne 3001 |
T: 03 9658 9103 | F: 03 9658 8084 | E: [email address]
www.melbourne.vic.gov.au | www.melbourne.vic.gov.au/whatson
We value: Integrity | Courage | Accountability | Respect | Excellence
Please consider your environmental responsibility before printing this email.
Dear Evvie Lambrianidis,
Please be advised that the link you provided generates an error:
"An error has occured.
This may have been caused by one of the following:
the system is temporarily unavailable
you may be attempting to attach files larger than 5MB in size
The City of Melbourne apologises for any inconvenience caused."
Do you have another functional link? Are you able to provide the full audio from agenda item "6.3 Planning Permit Application: TP-2016-483, 488-495 La Trobe Street, West Melbourne" as it is clearly not ‘an issue before the voters in connection with the election’ nor does it include reference to ‘a current Councillor’ nor a ‘candidate in the election’
Yours sincerely,
Simon MW
Hi Simon.
Information about making an FOI application is on Council's website:
http://www.melbourne.vic.gov.au/about-co...
Online payments can be made through the link 'Submitting your application'. Alternatively, you can post a cheque/money order for $27.90 payable to the City of Melbourne to the PO Box below (marked 'Attention FOI#890').
As outlined below, the audio will be uploaded on our website after the election.
Regards,
Evvie Lambrianidis | Council Business Officer | Governance and Legal |
City of Melbourne | Melbourne Town Hall, 90-120 Swanston Street, Melbourne 3000 | PO Box 1603 Melbourne 3001 |
T: 03 9658 9103 | F: 03 9658 8084 | E: [email address]
www.melbourne.vic.gov.au | www.melbourne.vic.gov.au/whatson
We value: Integrity | Courage | Accountability | Respect | Excellence
Please consider your environmental responsibility before printing this email.
Dear Evvie Lambrianidis,
I'd like to further clarify why I need this audio promptly. I believe a resolution at the meeting was not correctly recorded, and as a result a poor decision will be made in the next day or two. The specific matter is deferred and not an issue for the election.
Yours sincerely,
Simon MW
Hi Simon.
I advise that the resolution for item 6.3 (as recorded in the unconfirmed Minutes) is correct.
As outlined previously, if you wish to proceed with your FOI application, please pay the $27.90 application fee.
Regards,
Evvie Lambrianidis | Council Business Officer | Governance and Legal |
City of Melbourne | Melbourne Town Hall, 90-120 Swanston Street, Melbourne 3000 | PO Box 1603 Melbourne 3001 |
T: 03 9658 9103 | F: 03 9658 8084 | E: [email address]
www.melbourne.vic.gov.au | www.melbourne.vic.gov.au/whatson
We value: Integrity | Courage | Accountability | Respect | Excellence
Please consider your environmental responsibility before printing this email.
Dear Evvie Lambrianidis,
Please be advised that payment has been made in person. Reference COR/FOI/00890 for unedited recording of Future Melbourne Committe 20 September 2016.
Yours sincerely,
Simon MW
Dear Simon,
Freedom of Information Request COR/FOI/00890
I refer to your application received 29 September 2016 (and application
fee paid on 7 October 2016) requesting a copy of the following document
under the Freedom of Information Act 1982 (‘the Act’):
“I request access to the audio recording of Future Melbourne Committee 20
September 2016. The recording is an official meeting and a matter of
public record. Precedent exists for all recent audio recordings of Future
Melbourne Committee meetings to be made available within days of the
meeting. The meeting was recorded. As an official record of an official
meeting prior to a caretaker period (as all are), the audio must be made
available”.
We will advise you as soon as practicable in respect to charges payable by
you in relation to search time. Charges will be calculated in accordance
with the Freedom of Information (Access Charges) Regulations 2014.
Deletion of exempt or irrelevant matter
Under s25 of the Act, if a decision is made not to grant access to a
document on the basis that it is an exempt document and/or it contains
irrelevant material, Council is only required to provide you with an
edited copy of that document (i.e. with the exempt material removed) if
you have indicated that you would wish to receive an edited copy.
Do you wish to receive edited copies of the document that would otherwise
be exempt?
Your application is currently being processed and Council will respond
within the prescribed 45 day time limit by 21 November 2016. In the
meantime, please contact me if you have any queries regarding your
request.
Regards,
Evvie Lambrianidis | Council Business Officer | Governance and Legal |
City of Melbourne | Melbourne Town Hall, 90-120 Swanston Street, Melbourne
3000 | PO Box 1603 Melbourne 3001 |
T: 03 9658 9103 | F: 03 9658 8084 |
E: [1][email address]
[2]www.melbourne.vic.gov.au | [3]www.melbourne.vic.gov.au/whatson
We value: Integrity | Courage | Accountability | Respect | Excellence
Please consider your environmental responsibility before printing this
email.
This email is intended solely for the named addressee.
If you are not the addressee indicated please delete it immediately.
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Dear Evvie Lambrianidis,
Council audio recordings of public meetings are clearly not an "exempt" document.
I would like to receive the audio of the meeting in full. However, if there is "exempt" information, then please provide the edit that was provided to the CEO. However, I would like the full audio from agenda item "6.3 Planning Permit Application: TP-2016-483, 488-495 La Trobe Street, West Melbourne." Having been present at the meeting, there is nothing within item 6.3 that item that should be exempt.
I consider every utterance, pause and breath and background discussion relevant in understanding the conversation, and the intent behind the conversation, leading to the true intention behind the resolution. There is no editing cost associated with providing and unedited version. It is all useful.
If Council must go through the effort of removing even a second of the recording, I would like an account of every second removed, from the resolution of item 6.2 to the introduction of item 6.4, and covering all of item 6.3, and the explicit reasons why it was removed. I may then follow up with relevant authorities. Any deletion of the original audio will also be followed up.
Yours sincerely,
Simon MW
Dear Simon,
Please refer attached.
Regards,
Evvie Lambrianidis | Council Business Officer | Governance and Legal |
City of Melbourne | Melbourne Town Hall, 90-120 Swanston Street, Melbourne
3000 | PO Box 1603 Melbourne 3001 |
T: 03 9658 9103 | F: 03 9658 8084 |
E: [1][email address]
[2]www.melbourne.vic.gov.au | [3]www.melbourne.vic.gov.au/whatson
We value: Integrity | Courage | Accountability | Respect | Excellence
Please consider your environmental responsibility before printing this
email.
This email is intended solely for the named addressee.
If you are not the addressee indicated please delete it immediately.
References
Visible links
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2. file:///tmp/blocked::http:/www.melbourne.vic.gov.au/
3. file:///tmp/blocked::http:/www.melbourne.vic.gov.au/whatson
Dear Evvie Lambrianidis,
I would like to get the original audio, uncompressed and unedited, with the origional metadata. Can you arrange? I'd also like details of the recording device used.
I believe I haven't claimed the FOI money and my request for the origional audio has not been satisfied due to substantial re-coding and some compression.
Yours sincerely,
Simon MW
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Date: Mon, 1 May 2017 12:10:08 +1000
From: Simon MW <[FOI #2304 email]>
To: Evvie Lambrianidis <[email address]>
Message-ID: <[email address]>
Subject: Re: FOI #890 - audio of FMC 20 September 2016 meeting - response to
applicant
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