Council Policy – Camping on Council Land
Dear Yorke Peninsula Council, FOI Officer,
I wish to receive a digital copy of "Council Policy – Camping on Council Land".
I am making this request under the Freedom of Information Act 1982.
if that is not necessary, then please publicly release the policy on the website
Yours faithfully,
Karen
Dear Karen Elliot
As I have explained to you before if there is Council information you wish to access please call me prior to using this website, your request is invalid as it does not meet the requirements of the SA State Freedom of Information Act 1991, the Act that Council is required to comply with.
I advise you do not have permission to publish this information on your website under any circumstances.
the Council policy you are seeking is in fact on Council's website and was authorised at January 2017 Council meeting please see here https://yorke.sa.gov.au/content/uploads/...
Kind Regards
Jackie Reddaway
Accredited Freedom of Information Officer
Yorke Peninsula Council I Principal Office - Maitland
Ph: 08 – 8832 0000 I F: 08-8853 2494
www.yorke.sa.gov.au
This email is intended for the named recipient only. The information contained in this message may be confidential or commercially sensitive. If you are not the intended recipient you must not reproduce or distribute any part of this email, disclose its contents to any other party, or take any action in reliance on it. If you have received this email in error, please contact the sender immediately. Please delete this message from your computer.
-----Original Message-----
From: karen elliot [mailto:[FOI #3284 email]]
Sent: Friday, 24 March 2017 12:05 PM
To: Corporate Email Address <[Yorke Peninsula Council request email]>
Subject: Freedom of Information request - Council Policy – Camping on Council Land
Dear Yorke Peninsula Council, FOI Officer,
I wish to receive a digital copy of "Council Policy – Camping on Council Land".
I am making this request under the Freedom of Information Act 1982.
if that is not necessary, then please publicly release the policy on the website
Yours faithfully,
Karen
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Please use this email address for all replies to this request:
[FOI #3284 email]
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Dear Yorke Peninsula Council,
thanks
I will continue communicating via Right To Know and you cant stop me neither have that right to bully. If you think, ok, so "i'll just ignore", then you will be breaking the law.
The RTK requests are not invalid to the Act, that would be like telling thousands on here they are invalidated. You are just interpreting the law based on your own foi sheet handout, to avoid fear of public scrutiny. If you've got nothing to hide then why are you fighting me. Your reply was real aggressive before you got to the real point relating to the request about councils camping policy.
The way you have written 'advice' is so that any others reading will think that i have disobeyed you and that your advice is superior to the law. your just make a fool of yur self not mocking me
clarifying; I wish to receive a digital copy of the old "Council Policy – Camping on Council Land" previous to January 18 2017. i check last year and this policy couldn't be found on your website. i will file a new request unless you can produce it
Yours faithfully,
karen
James Baldwin left an annotation ()
Actually Karen,
The Council is correct. The FOI Act they are required to follow is the one from South Australia, and that act says
13—Applications for access to agencies' documents
An application for access to an agency's document—
(a) must be in writing; and
(b) must specify that it is made under this Act; and
(c) must be accompanied by such application fee as may be prescribed; and
(d) must contain such information as is reasonably necessary to enable the document to be identified; and
(e) must specify an address in Australia to which notices under this Act should be sent; and
(f) must be lodged at an office of the agency, and may request that access to the document be given in a particular way.
While your request is in writing, and tells the council what you want, it does not refer to the correct FOI Act (it's 1991 by the way), it was not accompanied by the application fee, and was not lodged at an office of the agency. It is also arguable whether a RTK email address is 'an address in Australia'.
Until you lodge a request with the application fee though, the council are within their rights to say the request is invalid.