Access to information

Council aims to provide access to information by way of informal release wherever possible, by proactively providing information (access by our website) or by providing access to the information requested administratively without the need to process the request under the FOI Act. This promotes transparency and provides efficient and affordable access to information.

Public information

In accordance with the Local Government Act 2020 and our Public Transparency Policy, a range of Council information (including documents) are to be made available to the public.

This includes documents, process information, and Council records. The policy gives effect to the public transparency principles, and outlines the kinds of information available in a range of formats. The policy also provides guidance on how informal and formal requests for information can be made.

For more information, contact the Governance unit on (03) 5422 0333 or via governance@mrsc.vic.gov.au

Freedom of information

The Freedom of Information Act 1982 (the FOI Act) gives the public a general right of access to information held by an agency. The right of access is subject to exceptions and exemptions necessary to protect essential public and private interests.

What documents can I access?

You have the right to:

  • access documents about your personal affairs
  • request incorrect or misleading information held by Council about you be amended.

You can only request for access to documents created after 1 January 1989. However, if the documents are about your personal affairs, there is no time restriction.

Our Public Transparency Policy and Freedom of Information Act Part II Statement outline the kinds of information available to the public and provides guidance on how information and formal requests for information can be made.

What documents can’t I access?

The FOI Act allows the refusal of access to some documents, however this should not deter you from requesting access, each document is assessed on its merits before a decision is made.

Some documents which Council may refuse access to include:

  • Documents affecting personal privacy;
  • Material obtained in confidence (but not business, commercial or financial information);
  • Law enforcement documents;
  • Some internal working documents;
  • Documents attracting legal professional privilege, such as legal advice;
  • Documents relating to trade secrets (both of Council and external entities); and
  • Documents which are covered by secrecy provisions in other laws.

You may be refused access to an entire document or you may be given access to a document with some information deleted.

How long will it take?

Council must issue a decision within 30 days of a valid request being received unless that period has been extended in accordance with the FOI Act.

Delays may occur if your application:

  • is not clear and requires further clarification
  • does not include the application fee
  • requires payment of a deposit.

What will it cost?

Fees and charges are set by the Department of Treasury and Finance annually and include:

Application fee

$32.70

Search charge (per hour or part of an hour)

$24.49

Photocopying (black and white)

$0.20

Supervision of Inspection (per quarter hour, or part thereof)

$24.49

Certain fees may not apply. Please provide a copy of your concession or health care card, and we will inform you accordingly.

If we estimate that your search charges may exceed $50, we may ask if you want to proceed. If you choose to continue, a deposit will be required.

Consultation with third parties

The FOI Act requires Council to consult all individuals, businesses and government agencies relevant to considering exemptions before it is permitted to make a decision concerning access to documents requested.

With your permission, during this consultation process, your name and a brief description of your request may be shared with the necessary individuals or organisations.

Making a request under Freedom of Information?

Before submitting a Freedom of Information (FOI) request, you are encouraged to contact Council's Governance team on (03) 5422 0333, as the information may already be publicly available or available another way, without having to go through the statutory process.

When documents are required for legal or court proceedings the FOI process is not a time efficient process in which to obtain documents. Documents should be requested through a subpoena.

If you still wish to make a request, please complete the Freedom of Information Request application form / Freedom of Information application form, and email to foi@mrsc.vic.gov.au Council will review your application and if needed, work with you to clarify the terms of your request.

For submissions via post

FOI Officer
Macedon Ranges Shire Council
PO Box 151
Kyneton VIC 3444 

Freedom of Information Part II Statement

The purpose of a Part II Statement under the FOI Act is to ensure that individuals and organisations can effectively exercise their right to obtain access to government information or documents (see section 7 of the FOI Act).

The Part II Statement gives effect to the public transparency principles contained in section 58 of the Local Government Act 2020 and it operates in conjunction with Council’s Public Transparency Policy.

Freedom of Information Part II Statement(PDF, 425KB)

Election campaign donations

View the list of registered election campaign donations for the 2020 Council election.

Personal interests returns

Under the Local Government Act 2020, personal interests returns are required to be lodged by Councillors, members of a delegated committee, the Chief Executive Officer (CEO), and “nominated officers” (Council staff nominated by the CEO.)

A personal interests return is a record of the private interests of a person in public office that helps improve probity. In particular, helping to ensure transparency and reducing conflicts of interest. 

 

 

Councillor Gift Register

Under section 138 of the Local Government Act 2020 Council is required to maintain a gift register for Councillors. The register includes all Councillor declarations of gifts during the current term of Council.

Requirements of the gift register are outlined in Council’s Councillor Gifts, Benefits and Hospitality Policy.

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