Thank you for your enquiry.  Your email will be forwarded to the
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services via our website?  Please visit  [1]www.brimbank.vic.gov.au

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[2][IMG] Brimbank City Council

Brimbank Community and Civic Centre - 301 Hampshire Road,
Sunshine
T   +61 3 9249 4000 | [3]www.brimbank.vic.gov.au

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References

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Dear Sir/ Madam,

I refer to the below email.

In order for a valid request to be made it must be accompanied by the
requisite fee and be clear enough in scope to allow the proper officer to
conduct a diligent search of council documents.

The relevant FOI application is accessible via councils website at
[1]https://www.brimbank.vic.gov.au/council/...
once this is complete and payment has been received we will be able to
process your application.

If you have any further questions please contact me on 9249 4733 or via
this email address ([2][email address])

Kind Regards,

[3]Council [4]Community Mate Klisanin
Website First Legal and Privacy Officer | Governance
Brimbank
Brimbank Community and Civic Centre - 301
Hampshire Road, Sunshine
T   +61 3 9249 4733 | F  +61 9249 4351 |
[5]www.brimbank.vic.gov.au

[6]Facebook[7]Twitter[8]Linked in[9]You Tube

Brimbank City Council commits to a community where females and males are
equal and where women live free from violence.
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I am currently out of the office.  For urgent matters please contact Sally
Curran 9249 4947 or via email on [1][email address]

References

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Dear Catherine McDonald,

I refer to your application dated 3 February 2017, received by Brimbank
City Council (Council) on 8 February 2017, in which you sought access to
documents under the Freedom of Information Act 1982 (FOI Act) and your
email to me dated 8 March 2017 (below) in response to my telephone message
regarding clarification of the above application.

I have examined the terms of your application and have determined that I
require clarification in order to process your request. Section 17(2) of
the FOI Act requires that a request for access to documents contain
sufficient information concerning the documents to which access is sought
to enable an officer to identify the relevant documents.

An applicant under the FOI Act must define with as much precision as
possible the documents sought.  If a request is ambiguous or otherwise ill
defined, it may not comply with the FOI Act and may not be processed.

In its present form, I consider that your request does not meet the
requirement provided for in section 17 of the FOI Act.  Without further
clarification it may not be possible to identify all of the documents
which you are seeking to access.

Under section 17(3) of the FOI Act I have a duty to help you frame your
request in such a way that it complies with section 17(2). Accordingly, I
invite you to clarify your request so as to enable this office to identify
the documents sought.

So as to assist you in the clarification of the terms of your request, the
following information has been provided and questions posed:

1. Do you wish to include or exclude the personal information of third
parties contained within any discovered documents? Please note that if an
decision is made to release the personal information of a third party,
notification of this must be provided to that individual that they have 60
days in which to object to the release of their personal information.

  2. Are you able to provide a specific period of time for the documents
which you are seeking?

  3.  Use of the term “All correspondence and written documents” in your
application does not provide sufficient detail as to the documents you are
seeking and may include a high volume of irrelevant material such as
meeting requests and information already available in the public domain.
Please be specific in which documents you are seeking so as to assist with
the identification of relevant documents and parameters for a targeted
search.  Under the FOI legislation you have an obligation to ensure that
you provide such information concerning the document/s you are seeking
that is reasonably necessary to enable an officer to identify the
document/s. Therefore, your description of the documents sought must be
specific so that an officer does not have to guess or assume what you are
seeking to access. Please advise me of the actual documents you are
seeking and avoid using this term.

Freedom of Information legislation

To assist you in understanding the timeframes and requirements of the
legislation the following information has been provided:

If documents released to you contain personal affairs information (i.e.
names) regarding individuals other than yourself, the third parties are
entitled to appeal the decision. Section 33(3) of the FOI Act requires
that the affected third parties be advised of the decision to release
information relating to their personal affairs and be provided with 60
days in which to appeal the decision to the Victorian Civil and
Administrative Tribunal (VCAT). The information impacted by this
requirement of the legislation is withheld during the 60 day appeal period
and is provided once the 60 days have expired and the third parties have
not referred the matter to VCAT.

Furthermore, appeal rights also apply to business and commercial entities
whose information Council may hold. Under section 34 of the FOI Act,
consultation must be conducted so as to gain the views of the entities
regarding any commercial disadvantage that might occur if the information
was to be released, such as their rates. If the entities object to the
release of the information and Council makes a decision to disclose, the
businesses then has the right to refer the matter to VCAT for review and
have 60 days to do so. Until the 60 days expires and it is determined that
there has not been an appeals lodged, the documents cannot be provided to
the FOI applicant.

Under section 25A(1) of the FOI Act, access to documents can be refused on
the grounds that the work involved in processing the request would divert
the resources of the agency substantially and unreasonably from its other
operations. The work includes:  identifying, locating or collating the
documents, deciding whether to grant, refuse or defer access to the
documents, or to grant access to edited copies of the documents, including
resources that would have to be used in examining the documents, or
consulting with any person or body, or making a copy, or an edited copy,
of the documents, or notifying any interim or final decision on the
request. I am drawing your attention to this section so that when you
clarify your request it is done in such a way so as not to evoke this
provision of the FOI Act.

Until you clarify your application a valid request does not exist under
section 17 of the FOI Act and as a consequence the statutory timeframe of
45 days to process your application has not commenced.

Once clarification is received, you will receive a further letter which
will inform you of the requirement to pay a deposit towards the access
charges applicable to your request under section 22 of the FOI Act and the
Freedom of Information (Access Charges) Regulations 2014.

Kind Regards,

[1]Council [2]Community Mate Klisanin
Website First Legal and Privacy Officer | Governance
Brimbank
Brimbank Community and Civic Centre - 301
Hampshire Road, Sunshine
T   +61 3 9249 4733 | F  +61 9249 4351 |
[3]www.brimbank.vic.gov.au

[4]Facebook[5]Twitter[6]Linked in[7]You Tube

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equal and where women live free from violence.
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Dear Catherine,

I refer to the below correspondence dated 10 March 2017 requesting further
clarification to process your application, to date no response
clarification has been received.

Please note that if clarification in the above matter is not received by
28 APRIL 2017 the request will lapse and you will need to re-submit your
FOI application 

Should you have any questions relating to this matter, please contact me.

Yours sincerely,

Mate

[1]Council [2]Community Mate Klisanin
Website First Legal and Privacy Officer | Governance
Brimbank
Brimbank Community and Civic Centre - 301
Hampshire Road, Sunshine
T   +61 3 9249 4733 | F  +61 9249 4351 |
[3]www.brimbank.vic.gov.au

[4]Facebook[5]Twitter[6]Linked in[7]You Tube

Brimbank City Council commits to a community where females and males are
equal and where women live free from violence.
P   please consider the environment before printing this email

show quoted sections