Thank you for contacting Cairns Regional Council. Your email has been
received and will be attended to within 3-5 business days.

For emergencies, please ring Council's Customer Service Centre on 1300 69
2247

Cairns Regional Council 

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Good Afternoon Ms Raynor,

Council is in receipt of your correspondence dated 25 June 2019 wherein
you ask why the Chief Executive Officer (CEO) is voting on business
instead of elected Councillors.

In accordance with section 257 of the Local Government Act 2009 a local
government may, by resolution, delegate a power under this Act or another
Act to the Chief Executive Officer.

Section 175C and 175E of the Local Government Act 2009 states that if a
majority of the councillors at a meeting of the local government inform
the meeting about a material personal interest or a personal interest in
the matter, the local government must delegate deciding the matter under
section 257.

We hope that this information addresses your concerns.

Kind Regards,

Cairns Regional Council
P: 1 300 MYCAIRNS  (1 300 69 22 47)

E: [email address] | W: cairns.qld.gov.au
PO Box 359, 119-145 Spence St, Cairns Q 4870

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Good Morning,

Council is in receipt of your email below, dated 27 August 2019 wherein
you enquire as to why the remaining Councillors without conflicts of
interest debate and vote on the mater instead of an unelected Chief
Executive Officer.

On the 23 January 2019 a motion was put forward that a subcommittee be
formed for non-conflicted Councillors to delegate conflict resolutions to
instead of the Chief Executive Officer. The motion was lost with Mayor
Manning, Councillor Richardson, Councillor O’Halloran, Councillor Cooper,
Councillor James, Councillor Zeiger, Councillor Schilling and Councillor
Moller voting against the motion. Minutes for this meeting can be found on
Council’s website by following the below link:

[1]https://www.cairns.qld.gov.au/council/me...

As previously explained in the event the majority of Councillors inform a
meeting of a material personal interest then Council must resolve to
delegate the consideration and decision on the matter pursuant to section
257 of the Local Government Act 2009; or if the matter cannot be delegated
under section 257 of the Local Government Act 2009, the Local Government
must seek Ministerial approval for the Councillors to be able to consider
and vote on the matter, subject to any conditions imposed by the Minister
for Local Government.

We hope this information addresses your question.

Kind Regards

Cairns Regional Council
[2]Email: [email address] | URL: [3]cairns.qld.gov.au
Mail: PO Box 359, Cairns Q 4870 | Office: 119-145 Spence St, Cairns Q 4870

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Thank you for contacting Cairns Regional Council. Your email has been
received and will be attended to within 3-5 business days.

For emergencies, please ring Council's Customer Service Centre on 1300 69
2247

Cairns Regional Council 

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To whom it may concern,

In response to your email received 4th September 2019, requesting an internal review in relation to your FOI request, Cairns Regional Council has not received a request for information under the Right to Information Act 2009 (formally Freedom of Information) in relation to 'CRC CEO (Unelected)taking place of councillors', therefore we cannot conduct an internal review.

We do note your recent correspondence titled "Internal Review of Right to Information Request - CRC CEO (Unelected) taking place of councillors" dated 27 August 2019, the information requested by you did not constitute a right to information application and as such a response was provided to you by Council on the 04 September 2019 providing the information requested.

If you would like to submit a request for information under the Right to Information Act 2009, please click on the link below, where you will be able find information on how to apply.
* Link to the Cairns Regional Council website - https://www.cairns.qld.gov.au/council/ri...

I have also attached some information sheets which will explain the Right to Information process. These sheets have been taken from the Office of Information Commissioner (OIC) website, which is the governing body for the Right to Information Act 2009 and Information Privacy Act 2009.

Attached Information Sheets:
* Applying the Legislation - Fees and charges
* What to expect when you apply for documents

Thank you.

Liz McCauley | RTI Coordinator
Cairns Regional Council
E: [email address] | W: cairns.qld.gov.au
PO Box 359, 119-145 Spence St, Cairns Q 4870

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Apologise, earlier email did not have attachments.

To whom it may concern,

In response to your email received 4th September 2019, requesting an internal review in relation to your FOI request, Cairns Regional Council has not received a request for information under the Right to Information Act 2009 (formally Freedom of Information) in relation to 'CRC CEO (Unelected)taking place of councillors', therefore we cannot conduct an internal review.

We do note your recent correspondence titled "Internal Review of Right to Information Request - CRC CEO (Unelected) taking place of councillors" dated 27 August 2019, the information requested by you did not constitute a right to information application and as such a response was provided to you by Council on the 04 September 2019 providing the information requested.

If you would like to submit a request for information under the Right to Information Act 2009, please click on the link below, where you will be able find information on how to apply.
* Link to the Cairns Regional Council website - https://www.cairns.qld.gov.au/council/ri...

I have also attached some information sheets which will explain the Right to Information process. These sheets have been taken from the Office of Information Commissioner (OIC) website, which is the governing body for the Right to Information Act 2009 and Information Privacy Act 2009.

Attached Information Sheets:
* Applying the Legislation - Fees and charges
* What to expect when you apply for documents

Thank you.

Liz McCauley | RTI Coordinator
Cairns Regional Council
E: [email address] | W: cairns.qld.gov.au
PO Box 359, 119-145 Spence St, Cairns Q 4870

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