I am still awaiting response from april the 12th ?????
Dear Wyong Shire Council,
I asked for freedom of information on the 12th of april with no response.
Am i going to hear from you?
What is the timeframe on replies?
Some sort of acknowledgment would be nice?
Yours faithfully,
cain webber
Dear Mr Webber
I have recently talked to the Ranger involved in this incident (who was on leave) - In response to your email, you are entitled to submit a formal request under the Government Information Public Access Act 2009 (GIPA Act) ($30 application fee) to seek information in relation to the complaint, including the complainant’s name. As part of the GIPA process Council will consult with any complainant/s and ask whether they consent to the release of information relating to them. Council will then consider any objections received and assess and make a decision under the requirements of the Act and also the Privacy Act.
There is a chance that you will not receive the information you are seeking after the assessment is completed.
It would depend on what you are seeking – if you are trying to confirm that there was a representation made then it will likely confirm that, but if you are seeking personal details then Council will consult with the complainant and then determine as to whether further details are released.
Regards
Kerri
Kerri Donelan
Legal and Research Officer
Governance and Councillor Services
Wyong Shire Council
P.O. Box 20, WYONG NSW 2259
t: 02 4350 5223
e: [email address]
www.wyong.nsw.gov.au
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL
I have attached a formal GIPA application and you can read more about access to information on our website.
Kerri Donelan
Legal and Research Officer
Governance and Councillor Services
Wyong Shire Council
P.O. Box 20, WYONG NSW 2259
t: 02 4350 5223
e: [email address]
www.wyong.nsw.gov.au
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL
Locutus Sum left an annotation ()
It is good to see that the Council officer has given the applicant the same warning that I gave him. He can apply for the information if he pays the fee but he might not get the information. The council might decide on reasonable grounds that it is contrary the public interest to release the information about the complainant.
Good morning Mr Webber
I refer to your correspondence dated 4 May 2016. I have discussed this
matter with the officers who attended and reviewed photographs taken at
the time and in response I offer;
At the time of attendance officers observed the vehicle to be parked so as
to commit two offences under the ROAD RULES 2014, those offences being
“Stop on path/strip” which carries a penalty of $106 and “Not parallel
park in direction of travel” which also carries a penalty of $106.
Rather than simply issuing Penalty Infringement Notices the attending
officers used the discretion afforded them under the legislation and
extended you the courtesy of a warning.
For your convenience I have attached a link to the ROAD RULES 2014.
[1]http://www5.austlii.edu.au/au/legis/nsw/...
Kind regards
Kurt Thompson
Senior Ranger
Ranger Services
Central Coast Council
P.O. Box 20, WYONG NSW 2259
t: 02 4350 5332
m: 0447 443 514
e: [email address]
[2][IMG] [3][IMG] [4][IMG]
P PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL
References
Visible links
1. http://www5.austlii.edu.au/au/legis/nsw/...
2. file:///tmp/www.centralcoast.nsw.gov.au
3. https://www.facebook.com/CentralCoastCou...
4. https://twitter.com/CCoastCouncil
Dear Thompson, Kurt,
so in theory as long as my trailer is parked legally,
In the direction of traffic & not on a path/strip
It is ok to park my trailer on the side of the road?
Please bear in mind,
it is moved regularly & I am happy to move it if anybody has any problems or issues with it
Yours sincerely,
cain webber
Good afternoon Webber, Cain,
If you park your trailer in a legal parking spot, facing the direction of travel and for lawful purpose then you are correct, you may park your trailer at the side of the road. If however your vehicle is parked for no other purpose than that of advertising you would potentially be in breach of the Local Government Act 1993 in committing the offence "Expose article in/on/over road/let article be exposed at road without approval" this offence carries a penalty of $330. I have attached a link to the relevant Act for your convenience.
http://www.legislation.nsw.gov.au/#/view...
Kind regards
Kurt Thompson
Senior Ranger
Ranger Services
Central Coast Council
P.O. Box 20, WYONG NSW 2259
t: 02 4350 5332
m: 0447 443 514
e: [email address]
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS EMAIL
Locutus Sum left an annotation ()
This is a follow-up email to a request on this page: It would be best if the applicant made the followup on the same (old) page and did not make a new request.
The applicant asks three questions but I think that the last sentence is not a question.
The Government Information (Public Access) Act 2009 of the Australian state of New South Wales says in section 51(2) that "An agency’s decision as to the validity of an application must be made and notified to the applicant as soon as practicable after the agency receives the application and in any event within 5 working days after the application is received". That is a lot of words to say that the council should have written to you before 20 April to tell you whether your request was a valid request under the GIPA Act. I can tell you that it was not valid. It was not valid because the request is only valid if it is accompanied by a fee of $30.
If you want to make the request again, please do it from this page. It is best if you telephone the council and ask a person how you can pay the fee. Maybe it is with a credit card. Then you can say the receipt number (not your credit card information!!) for the payment in your Right to Know email.
Warning ... I know that the ranger said you have a right to know who made a complaint. It is not so simple. You have a right to ask who made the complaint but the council has a right to refuse to give you the information under some reasons. One valid reason not to give you the information is (1) if the complaining person gave her name in confidence, (2) also if the council have a good reason to believe that telling people the names of complainants would mean that a person was less likely to make a complaint (maybe a justified complaint) in the future. I think that you do not have a good case and that you would lose your $30 application fee because your request will be refused. But this is only my opinion.