Freedom of Information Statement 2020 - 2021 - City of Stirling

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Freedom of Information Statement 2020 - 2021 - City of Stirling
Freedom
of Information
Statement
2020 – 2021
Freedom of Information Statement 2020 - 2021 - City of Stirling
Contents
Introduction                                    3   Legislative requirements                        12
City of Stirling                                4     Local Laws of the City                        12
    City’s profile                              4   Information held by the City                    13
City’s vision                                   5     Information held                              13
    City’s values                               5     Documents available Outside of FOI Act 1992   15
    City’s mission statement                    5   Limitation to access                            15
Organisational structure                        6   Freedom of Information                          16
Council                                         7     What is Freedom of Information                16
    Elected Members                             8     The FOI process                               16
Decision making                                 8     FOI application                               16
    Ordinary Council meetings                  10     Amendment of personal information             16
    Special meetings of Council                10     Notice of decision                            16
    Special Electors’ meetings                 10     FOI charges                                   17
    Electors’ General meetings                 10     Refusal of access                             17
    Committees                                 10     Internal review                               17
      Audit Committee                          10     External review                               17
      Community and Resources Committee        10     Appeals to the Supreme Court                  17
      Planning and Development Committee       10     Further information                           17
Public participation                           11
    Attending Council and Committee meetings   11
    Public question time                       11
    Deputations                                11
    Elected members                            11
    Written requests                           11
    Community consultation                     11
    Petitions                                  11

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Freedom of Information Statement 2020 - 2021 - City of Stirling
Introduction
Part 5 of the Freedom of Information (FOI) Act 1992 requires
each government agency to prepare and publish an Information
Statement annually. The Information Statement must include
the following information:

• The City of Stirling (“the City”)      This document is the City’s Information
  mission statement                      Statement and is also available on the
                                         City’s website.
• Details of legislation administered
                                         Further information on FOI or enquiries
• Details of the City’s structure and
                                         about this document may be made by
  functions
                                         contacting:
• Details of decision making functions
                                         Freedom of Information Officer
  within the City
                                         City of Stirling
• Public participation in the
                                         25 Cedric Street
  formulation of policy and
                                         Stirling WA 6021
  performance of the City’s functions
                                         Tel:      (08) 9205 8555
• Documents held by the City             Email: stirling@stirling.wa.gov.au
• The operation of FOI in the City.

                                                 Freedom of Information Statement 2020 – 2021 3
Freedom of Information Statement 2020 - 2021 - City of Stirling
City of Stirling
City’s profile
The City is the largest local government by population in the   The City has one of the most diverse populations
state and the second largest employment district in Western     in Australia, with an estimated population of 219,975
Australia after the Perth Central Business District (CBD).      representing a wide variety of cultures, ages and
                                                                household types.
The City is located 8 kilometres north of the Perth CBD and
encompasses 104.7 sq kilometres.                                The City also has one of the highest rates of overseas
                                                                migration in the country, with over 16,000 Stirling residents
This area covers:
                                                                having moved to Australia from overseas in the last five
• 6.5 km of pristine Western Australian coastline               years.
• 627 ha of parks, gardens and developed reserves               Table 1 below provides an overview of the City’s diverse
                                                                population.
• 616 ha of natural bushland
• 30 suburbs, from Mount Lawley in the south to Hamersley       Residents born in Australia                            55%
  in the north, and from Dianella in the east to Scarborough    Residents who speak a non-English                      27%
  in the west                                                   language at home
• 1,118 km of footpaths
                                                                Aboriginal and Torres Strait Island Peoples            1.1%
• 97,000 rated properties
                                                                Table 1
                                                                Source: Australian Bureau of Statistics 2016 Census Population and Housing

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Freedom of Information Statement 2020 - 2021 - City of Stirling
City’s vision
The City of Stirling will be a place where people choose to live, work, visit and invest. We will
have safe and thriving neighbourhoods with a range of housing, employment and recreational
opportunities. We will engage with our diverse community to help shape our future into the
City of Stirling – City of Choice.

Our mission                                Our values
To serve the City’s diverse community
                                           The City of Stirling’s core values are:
through delivering efficient, responsive
and sustainable services.                  • Integrity
                                           • Community Participation
                                           • Accountability
                                           • Respect
                                           • Environment
                                           • Diversity.

The City’s vision is further described by five key result areas.

Key result area                                                 Outcomes
Social
Vision: Thriving local communities                              S1: Inclusive and harmonious City
                                                                S2: Active and healthy City
                                                                S3: Accessible services
                                                                S4: Safer City

Economic
Vision: Prosperous and vibrant City                             E1: Destination City
                                                                E2: A great place to work, invest and do business

Built environment
Vision: Liveable and accessible City                            B1: Places to live, work and enjoy
                                                                B2: Accessible and connected City
                                                                B3: Built infrastructure that meets community needs

Natural environment
Vision: Sustainable natural environment                         N1: Sustainable natural resources
                                                                N2: Greener City

Governance
Vision: Making it happen                                        G1: Good governance
                                                                G2: Partner of choice
                                                                G3: Customer-focussed organisation
                                                                G4: Sustainable organisation

                                                                                               Freedom of Information Statement 2020 – 2021 5
Freedom of Information Statement 2020 - 2021 - City of Stirling
Organisational structure

                                  Chief Executive
                                      Officer

                      Executive
                                                    Governance
                      Services

     Community        Corporate                                          Planning and
                                                    Infrastructure
    Development        Services                                          Development

                         Corporate                       Facilities,
        Community
                        Information                     Projects and        City Planning
          Safety
                          Services                         Assets

        Community         Finance                        Engineering        Development
         Services         Services                        Services            Services

      Customer and        Human
                                                         Parks and
     Communications      Resources
                                                        Sustainability

        Recreation
        and Leisure                                   Waste and Fleet

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Freedom of Information Statement 2020 - 2021 - City of Stirling
Council
The City comprises of 14 Elected                  The Council is responsible for the
Members with equal representation                 performance of the City’s functions as
across seven wards. The Mayor is                  well as providing leadership through:
elected by the Elected Members and
                                                  • Governing the City’s affairs
holds office for two years. The office
of Mayor will be elected by electors              • Determining the policies of the City
of the City for the first time at the next
                                                  • Overseeing the allocation of the
ordinary election “in October 2019
                                                    City’s finances and resources.
for a term of four years.

The City of Stirling is divided into seven wards

  Watermans            Carine                             Hamersely
  Bay                                                                                 Balga
                                                                                                       Balga
                                      Hamersley                                                                          Mirrabooka
     North Beach                                                                                       Ward
                                        Ward
                                                              Balcatta
                   Karrinyup                                                          Westminster

   Trigg                              Gwelup

                                                         Stirling
                                                                                                 Nollamara                     Dianella
           Coastal                Doubleview
            Ward                                                                                                           Inglewood
                                             Innaloo                  Osborne                                                 Ward
                                                                       Ward                            Yokine
        Scarborough            Doubleview                                           Tuart Hill
                                  Ward                 Osborne Park
                                                                                                         Lawley
                                                                                                          Ward
                                Woodlands                                           Joondanna
                                                                                                             Coolbinia         Inglewood

                   Wembley Downs                                      Glendalough
                                    Churchlands                                                                      Menora
                                                       Herdsman

                                                  Wembley
                                                                                                                                  Mt Lawley

                                                                                                                  Freedom of Information Statement 2020 – 2021 7
Freedom of Information Statement 2020 - 2021 - City of Stirling
Elected Members of the City

Mayor Mark Irwin

Balga Ward                                   Coastal Ward

Cr David Boothman JP      Cr Keith Sargent   Cr Karen Caddy       Cr Felicity Farrelly

Doubleview Ward                              Hamersley Ward

Cr Stephanie Proud JP     Cr Elizabeth Re    Cr Karlo Perkov      Cr Chris Hatton

Inglewood Ward                               Lawley Ward

Deputy Mayor              Cr David Lagan     Cr Suzanne Migdale   Cr Joe Ferrante
Cr Bianca Sandri

Osborne Ward

Cr Giovanni Italiano JP   Cr Adam Spagnolo

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Freedom of Information Statement 2020 - 2021 - City of Stirling
Freedom of Information Statement 2020 – 2021 9
Freedom of Information Statement 2020 - 2021 - City of Stirling
Decision making
Ordinary council meetings                Electors’ general meetings                 Community and Resources
                                                                                    Committee
The Council consists of 14 Elected       The Electors’ General Meeting occurs
                                                                                    The objective of the Committee is to
Members, which includes the Mayor.       once every financial year. Reports
                                                                                    advise Council on matters relating to
The Council is the policy and decision   that are submitted include the Annual
                                                                                    issues such as engineering services,
making body for the City with a focus    Report, Annual Financial Statements,
                                                                                    parks and sustainability, recreation
on strategic direction. The CEO and      Auditor’s Report for the previous
                                                                                    and leisure services, waste and fleet,
directors of the business units also     financial year, and other general
                                                                                    engineering operations, community
attend Council meetings to assist the    business.
                                                                                    services, human resources, city
Elected Members in making informed
                                                                                    building operations, governance,
decisions.
                                         Committees                                 finance and corporate projects.
                                                                                    Recommendations are referred
                                         The City has several Committees
Special meeting of Council               that meet on a regular basis to
                                                                                    to Council for consideration.

Special meetings are convened to         oversee operations and make                Planning and Development
consider an urgent matter or a matter    recommendations to the Council in          Committee
that involves special circumstances.     their specific areas of responsibility.    The objective of the Planning and
Special meetings are conducted in                                                   Development Committee is to advise
                                         The two major Committees
a similar way as the Ordinary                                                       Council on issues such as urban
                                         (the Community and Resources
Council meetings.                                                                   regeneration, planning matters,
                                         Committee and Planning and
                                                                                    building and development approvals,
                                         Development Committee) are
                                                                                    heritage matters, the City’s Local
Special Electors’ meetings               represented by seven members,
                                                                                    Planning Scheme and health issues.
                                         each being one Elected Member from
A Special Electors’ meeting occurs                                                  Recommendations are referred to
                                         each ward. Each Committee member
if a petition, signed by at least 100                                               Council for consideration.
                                         has an appointed deputy and second
eligible electors, is submitted to the   deputy to act in their place should they
Council requesting that meeting          be absent. The relevant directors and
be held on a particular matter.          other senior members of the business
                                         unit attend the meeting according to
                                         the business to be considered.
                                         Audit Committee
                                         The Audit Committee is responsible for
                                         overseeing internal and external audit
                                         issues and corporate governance,
                                         including risk management. The
                                         committee meets at least once every
                                         quarter. Membership of the committee
                                         includes the Mayor, up to seven
                                         Elected Members, and an independent
                                         external member with financial
                                         management and audit expertise.
                                         Recommendations are referred to
                                         Council for consideration.

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Public participation
Attending Council and                       Deputations                                 Community consultation
committee meetings                          Members of the public can make a            The City is committed to ensuring
The procedures for conducting Council       three minute deputation (statement)         that the community is consulted on
and Committee Meetings are governed         at Planning and Development                 projects, plans and proposals by
by the City of Striling’s Meeting           Committee meetings and at                   advertising in local papers, the
Procedures Local Law 2009.                  Community and Resources Committee           City’s website and on public notice
                                            meetings. Deputations may only be           boards, as well as organising public
Members of the public are welcome           made in relation to an item on the          meetings, letters to the community
to attend Council and Committee             agenda, and only one speaker                and communication through the local
meetings. There is an opportunity at        ‘against’ an item is permitted. The         ward Elected Members.
Council meetings for members of the         Deputation Submission Form must
public to ask questions (refer to ‘Public                                               The City’s Planning Consultation
                                            be completed prior to the
Question Time’) and an opportunity at                                                   Procedure provides a framework
                                            commencement of the meeting.
Committee meetings for members of                                                       to ensure that our community and
the public to make a deputation (refer                                                  stakeholders are effectively consulted
to ‘Deputations’).                          Elected Members                             prior to decision making. The outcomes
                                                                                        of community consultation are reported
                                            In their role, Elected Members make         to Council and are recorded in the
Public question time                        themselves available to the community       Council minutes.
                                            to assist with matters regarding the
The allotted public question time during    function of Council.
a Council meeting is 15 minutes and                                                     Petitions
may be extended if circumstances
require. A submission form must be          Written requests                            Petitions can be submitted in a hard
completed by the speaker in advance,                                                    copy format or as an ePetition via the
                                            A member of the public can write to         City’s website. Electors may petition
with sufficient time for complex            the City on the policy, activity, service
questions to be researched and a                                                        the Council to take action on a matter,
                                            or any issues within the City’s             but certain conditions must be met
response provided.                          jurisdiction.                               to ensure authenticity. Any Elected
Any member of the public attending                                                      Members or the CEO can present
a Council meeting can ask up to three                                                   the petition at an Ordinary Council
questions on any matter relating to                                                     Meeting. The matter is then referred
the ordinary business of the City of                                                    to the relevant business unit. Officers
Stirling or the function of the Council                                                 from that business unit are responsible
regardless of whether or not the matter                                                 for contacting the lead petitioner to
in question is on the agenda.                                                           deal with the matter.
                                                                                        A bona fide petition requires a
                                                                                        minimum of two City of Stirling electors’
                                                                                        signatures to be accepted. Although
                                                                                        the petition can be signed by anyone,
                                                                                        only the City’s electors will be recorded
                                                                                        in the official signature count.

                                                                                                Freedom of Information Statement 2020 – 2021 11
Legislative requirements
The principal legislation governing the operation of Western Australian local governments is the Local Government Act 1995
and associated regulations.
Although not exhaustive, the following list of legislation provides an overview of the legislations binding on the City.

 Agriculture and Related Resources               Food Act 2008                            Racial Discrimination Act 1975
 Protection Act 1976
 Biosecurity and Agriculture                     Freedom of Information Act 1992          Rates and Charges (Rebates and
 Management Act 2007                                                                      Deferments) Act 1992
 Botanic Gardens and Parks Authority             Graffiti Vandalism Act 2016              Residential Tenancies Act 1987
 Act 1998
 Building Act 2011                               Heritage of Western Australia Act 1992   Road Safety Council Act 2002
 Building Services (Complaint                    Housing Act 1980                         Road Traffic Act 1974
 Resolution and Administration)
 Act 2011
 Building Services (Registration) Act            Industrial Relations Act 1979            Sex Discrimination Act 1984
 2011
 Bush Fires Act 1954                             Land Administration Act 1997             State Administrative Tribunal Act 2004
 Caravan Parks and Camping Grounds               Library Board of Western Australia Act   State Records Act 2000
 Act 1995                                        1951
 Cat Act 2011                                    Litter Control Act 1988                  Strata Titles Act 1985
 Children and Community Services Act             Liquor Control Act 2008                  Superannuation Act 2005
 2004

 Conservation and Land Management                Local Government Act 1995                Superannuation Guarantee Act 1992
 Act 1984
 Control of Vehicles (Off-Road Areas)            Local Government (Miscellaneous          Transfer of Land Act 1893
 Act 1978                                        Provisions) Act 1960
 Disability Services Act 1993                    Local Government Grants Act 1978         Valuation of Land Act 1978
 Dividing Fences Act 1993                        Main Roads Act 1930                      Volunteers and Food and Other Donors
                                                                                          (Protection from Liability) Act 2002
 Dog Act 1976                                    Occupational Safety and Health Act       Waste Avoidance and Resource
                                                 1984                                     Recovery Act 2007
 Emergency Management Act 2005                   Planning and Development Act 2005        Western Australian Land Authority Act
                                                                                          1992
 Environmental Protection Act 1986               Privacy Act 1988                         Wildlife Conservation Act 1950
 Equal Opportunity Act 1984                      Professional Standards Act 1997          Workers’ Compensation and Injury
                                                                                          Management Act 1981
 Fines and Infringement Notices                  Public Health Act 2016
 Enforcement Act 1994
 Fair Work Act 2009                              Public Interest Disclosure Act 2003

Local laws
Under the Local Government Act 1995, the City also has power to make local laws to regulate and manage activities
throughout the City. These local laws are enforceable through the courts.
Below is a list of the local laws of the City.

 Bee Keeping Local Law 2008                      Keeping and Control of Cats              Pest Plant Local Law 2012
                                                 Local Law 1999
 Dogs Local Law 2008                             Local Government Property                Prevention and Abatement of Dust
                                                 Local Law 2009                           and Liquid Waste Local Law 2002
 Fencing Local Law 2008                          Meeting Procedures Local Law 2009        Thoroughfares and Public Places
                                                                                          Local Law 2009
 Health Local Law 2009                           Parking Local Law 2014                   Waste Management Local Law 2010
Copies of the City’s local laws are available on the City’s website.

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Information held by the City
The City maintains comprehensive records of all its dealings including correspondence,
memorandum, file notes, reports, plans, sketches, maps, diagrams, documents pertaining
to the keeping of records, applications, approvals and notices.

Availability of information is subject to the provisions established in the FOI Act 1992 and the Local Government Act 1995
and may be free or subject to the City’s Schedule of Fees and Charges. The City will assist members of the public to obtain
access to documents promptly, at the lowest reasonable cost and ensure that personal information contained in documents
is accurate, complete, up-to-date and not misleading.
Information is made available through a range of mediums including public statements, news releases, the City’s website,
advertisements placed in local and state-wide newspaper, public notice boards, library services, information sheets,
individual correspondence, public and statutory documents and reports.
The list below provides a summary of key information held by the City.

Information held
Office of CEO                             Planning and Development                   • Metropolitan Regional Road Group
                                                                                       funding submission reports
Executive Services                        • Health breaches and infringements
• Common Seal Register                                                               • Parking signage
                                          • Immunisation records
• Freeman of the City Register                                                       • Paths and cycle ways details
                                          Development Services                         and plans
Governance                                • Building applications                    • Resurfacing and reconstruction
• Business Continuity Plan                • Compliance infringements                   details and plans
• Citizenship records                     • Development applications                 • Roads and drainage details
                                                                                       and plans
• Civic function details                  • Property and land locality
                                            information                              • Streetscape details and plans
• Code of Conduct
                                          • Subdivision applications                 • Street lighting
• Corporate records
                                          • Swimming pool requirements and           • Traffic safety requirements
• Council agenda and minutes
                                            inspections                              • Underground power
• Council Committee agendas
  and minutes                             • Crossovers and verge treatments
                                                                                     Construction and maintenance
• Councillor Complaints Register          • Verge bonds associated with              • Car parks
• Delegation Authority Register             building/development
                                                                                     • Dedicated laneways
• Elected Member And Employee             Application details, infringements and     • Drainage
  Conference Attendance Register          breaches are held within the City’s
                                          electronic databases for rateable          • Roads
• Elected Member And Employee
  Contributions To Travel Register        properties.                                • Road side furniture

• Elected Member And Employee             City Planning                              • Surveying
  Gifts, Benefits And Hospitality         • Economic Development                     • Path and cycle ways
  Register
                                          • Property Heritage Register               • Construction of subdivisions and
• Elected Elected Members                                                              works in the road reserve carried
  contact details                         • Town Planning Schemes
                                                                                       out by private contractors and
• FOI Information Statement               • Rezoning information (residential          public corporations
• Local Laws                                and commercial/industrial areas
                                            in the City)                             Maintenance
• Primary and Annual Returns                                                         • General verge area
  Records                                 Infrastructure                             • Lighting for streets, car parks,
• Recordkeeping Plan                      Engineering Services                         dedicated laneways and public
• Travel and Accommodation                • Engineering Services                       access ways
  Register                                  subdivision files                        • Street signs, parking signs, direction
                                          • Geotechnical reports (subdivisions)        signs and non-statutory road signs
                                          • Laneway details and plans

                                                                                             Freedom of Information Statement 2020 – 2021 13
Other                                     • General services information            • Coordination and advertising
• Crossovers including subsidy              brochure                                  of statutory notices
  requests                                • Library membership details              • Customer Service Charter
• Roadside infrastructure – bus           • Community information database          • Promotional materials and
  shelters, underpass, overpass,                                                      information
                                          • Local studies information and
  seats, city signs, bollards,
                                            records                                 • Voice recording received
  guard rails
                                          • Museum collection                         through the Contact Centre
• Roadworks traffic management
  and job safety analysis                 • Seniors Plan                            Corporate Services
• Underground power                       • Community Safety                        Finance
                                                                                    • Accounts
Parks and Sustainability                  • Community safety information
• Irrigation plans                        • CCTV*, alarm and access control         • Budget information
• Parks and sustainability asset            systems                                 • Customer information
  databases                               • Dog and cat registration details        • Debtors
• Parks and Sustainability Register       • Emergency management matters            • Fees and charges
Waste and Fleet                             including Local Emergency
                                            Management Committee                    • Gross rental valuations
• Fleet management
                                          • Graffiti reporting                      • Invoice information
• Waste disposal information
                                          • Infringement details                    • Property fees and charges
Facilities, Projects and Assets           • Security/ranger reports                 • Property rates
• Consultant reports (when initiated
                                          • Security/ranger investigations
  by business unit)                                                                 • Purchase orders
• City operated building maintenance      * The City collects and retains CCTV
                                                                                    • Rating information
  records (when initiated by business     Footage for the purpose of public
  units)                                  safety. There are limitations to public   • Owners details
                                          access and may require an application
• City operated building plans                                                      Corporate Information Services (CIS)
                                          to access under the FOI Act 1992.
                                                                                    City’s Geospatial information
• Maintenance inspection records          Where a WA Police Officer requests
  (when initiated by business units)                                                As a requirement of the FOI Act,
                                          access to the City’s CCTV footage,        searches are performed on all the
Records are held within the City’s        access will be provided:                  computer systems held within CIS.
electronic databases and only held for    • Upon production of a written            Correspondence is classified as
locations within the City’s boundaries.     request on the WA Police letterhead     per the State Records Act (2000) in
                                            or by email with the official WA        accordance with the City’s Record
Infrastructure administration               Police signature; and                   Keeping Plan.
• Asset Management: Lease and                                                       Human Resources
                                          • The request must be in regard to an
  licenses
                                            investigation or enquiry and should     • Employee records
• Asset Management: Pedestrian              include a relevant case reference
  access way information                                                            • Establishment
                                            number
• Asset Management – Right of way         • Documents released under these          • Equal Opportunity
  information                               circumstances are considered            • Industrial relations
                                            confidential and must not be
                                                                                    • Leave
Community Development                       divulged or released to any third
                                            parties without prior consent from      • Learning and development
Community Services
                                            the City.
• Access and Inclusion Plan                                                         • Occupational health and safety
                                          Recreation and Leisure Services             information
• Book and collection catalogues
                                          • Clubs Forever information
• Children and Youth Plan                                                           • Payroll
                                          • Funding grants and sponsorship
• Financial counselling details             information                             • Performance management
  (pre 2017)
                                          • Information brochures on recreation     • Recruitment
                                            centres                                 • Workers compensation and
                                          • Recreation master plans                   rehabilitation records

                                          Marketing and Communications
                                          • Advertising information
                                          • Annual reports
                                          • Art collection inventory
                                          • Community events

14
Documents available outside of FOI Act 1992
Section 5.94 of the Local Government Act 1995 details the type of documents that a local government must make
available for inspection and those where restrictions apply. Any member of the public may attend the City’s Administration
Centre, 25 Cedric Street, Stirling and request to view these documents. Some of the documents are also available on the
City’s website. Copies of documents can be provided upon payment of any relevant charges for production in accordance
with the City’s Fees and Charges Schedule.
Documents that are available for inspections are as follows:                          Limitation to access
• Access and Inclusion Plan                • Elected Member And Employee              Limitation to access applies to the
                                             Gifts, Benefits And Hospitality          inspections of the following documents.
• Advertising Information
                                             Register                                 • Building licence document/plan
• Annual Financial Statements
                                           • Elected Members contact details             »» Only the owner or mortgagee
• Annual Report
                                           • Funding grants and sponsorship                 of a building, or their authorised
• Art Collection Inventory                   information                                    representative, may inspect any
• Book and Collection Catalogues           • Historical information                         plan or other document relating
                                                                                            to that building
• Building and Residential Design          • Information brochures
  Codes                                                                                  »» A non-owner may inspect or
                                           • Information statements                         obtain a copy subject to the
• Building Licence Document*                                                                written approval by the owner.
                                           • Local laws
• City of Stirling Town Planning
  Schemes                                  • Local studies information and               »» Minutes of Council/Committee
                                             records                                        meetings (includes agendas,
• Corporate Business Plan                                                                   reports and documents relating
                                           • Minutes and agendas of
• Code of Conduct                            Council/Committee meetings*                    to the meeting)
• Clubs Forever Information                • Policy Manual                               »» A person’s right to inspect
• Delegation of Authority Register         • Recordkeeping Plan                             information does not extend to
                                                                                            the inspection of information
• Disaster and Recovery Plan               • Statutory notices                              where the agenda of the meeting
• Disability Services Plan                 • Strategic Community Plan                       is closed to members of the
• Documents released for public                                                             public or if it relates to any debt
                                           • Structure plans and local
  comment                                                                                   owed to the City
                                             development plans
• Elected Member and Employee              • Tender Register                          Refer to the following section -
  Conference Attendance Register                                                      Freedom of Information: Refusal of
                                           *limitations apply                         Access for additional information on
• Elected Member and Employee
                                                                                      access refusal.
  Contributions to Travel Register

                                                                                              Freedom of Information Statement 2020 – 2021 15
Freedom of Information
What is Freedom of Information            The FOI process                              Amendment of personal
The FOI Act gives the public a right to   Prior to lodging an FOI Application, the     information
access documents held by the City,        applicant is encouraged to check and         Under the FOI Act, a person can
subject to some limitations. Documents    ascertain if the information is available    apply to the City for amendment of
accessible under the FOI Act include      outside the FOI Act.                         personal information if the person
paper records, plans and drawings,                                                     applying believes that the information
                                          The City has various documents that
photographs, tape recordings, films,                                                   is inaccurate, incomplete, out-of-
                                          are publicly available on the City’s
videotapes or information stored in a                                                  date or misleading. An application
                                          website or at the Administration
computerised form.                                                                     must be lodged in writing, providing
                                          Building, 25 Cedric Street, Stirling.
The objectives of the FOI Act are to:                                                  details, identification and, if necessary,
                                                                                       documentation to support claims to
• Enable the public to participate        FOI application                              amend personal information. There is
  more effectively in governing the                                                    no application fee or charge associated
  State; and                              FOI applications must be in writing with
                                          the FOI application form completed,          with an application for personal
• Make the persons and bodies that        provide sufficient information to identify   information about the applicant, or
  are responsible for the State and       the requested documents, have an             the amendment of personal records.
  local government more accountable       Australian address to where notices
  to the public.                          can be sent and be submitted with a          Notice of decision
                                          $30 application fee.
The City gives effect to the FOI Act in                                                A Notice of Decision will be issued by
a way that:                               The completed application form               the City as soon as possible, within the
                                          together with the application fee can        statutory 45 days of receipt of a valid
• Assists the public to obtain access
                                          be delivered by:                             application. The Notice of Decision will
  to documents
                                          Post                                         include details such as:
• Allows access to documents to be
  obtained promptly and at the lowest     Freedom of Information Officer               • The date the decision was made;
  reasonable cost and                     25 Cedric Street, Stirling WA 6021           • The name and the designation of
• Assists the public to ensure that       In person                                      the officer who made the decision;
  personal information contained in       25 Cedric Street, Stirling WA 6021           • The reasons for claiming the
  documents is accurate, complete,                                                       document is exempt if access is
  up to date and not misleading.          Email
                                                                                         refused; and
                                          stirling@stirling.wa.gov.au
                                                                                       • Information on the rights of review
                                          Application forms are available from           and the procedures to be followed
                                          the City’s Administrative Centre (25           to exercise those rights.
                                          Cedric Street, Stirling) or available via
                                          the City’s website www.stirling.wa.gov.
                                          au
                                          Upon receipt of a valid application
                                          and prescribed $30 application fee,
                                          the City’s Freedom of Information
                                          Officer will identify and review the
                                          documents requested to determine if
                                          any exemptions apply.

16
FOI charges
A scale of fees and charges are set out in the FOI Regulations and are as follows.
General
Personal information about the applicant                                                                No fees and no charges
Application fee (for non-personal information)                                                                                   $30.00
Charge for time dealing with the application (per hour, or pro rata)                                                             $30.00
Access time supervised by staff (per hour, or pro rata)                                                                          $30.00
Photocopying staff time (per hour, or pro rata)                                                                                  $30.00
Per photocopy                                                                                                                      $0.20
Transcribing from tape, film or computer (per hour, or pro rata)                                                                 $30.00
Duplicating a tape, film or computer information                                                                          Actual Cost
Delivery, packaging and postage                                                                                           Actual Cost
Deposits

An advance deposit may be required in respect of the estimated charges                                                               25%
Further advance deposit may be required to meet the charges for dealing with the application                                         75%

Concessions
For impecunious applicants or applicants issued with a prescribed pensioner concession card, the charges payable are
reduced by 25%. The reduction in fees does not apply to the application fee.

Refusal of access                           Internal review                            Appeals to the
While the FOI Act provides a general        Applicants who are dissatisfied with the   Supreme Court
right of access to documents, it is         City’s decision are entitled to request    The Information Commissioner’s
subject to some limitations. Schedule       an internal review.                        decisions are final and binding on
1 of the FOI Act recognises that some                                                  the City, subject to an appeal to
                                            The internal review application should
documents require a level of protection                                                the Supreme Court of a question
                                            be made in writing within 30 calendar
and are exempt.                                                                        of law arising out of the
                                            days after being provided with the
The most commonly claimed                   City’s Notice of Decision.                 Commissioner’s decision.
exemptions are:                                                                        The timeframe and process for lodging
                                            The outcome of the review will be
• Personal Information                      provided to the applicant within           an appeal is governed by the Rules of
                                            15 calendar days.                          the Supreme Court 1971. An appeal
   »» Information that would reveal                                                    must be lodged within 21 days after the
      personal information about an                                                    date of the Commissioner’s decision.
      individual (i.e. name, contact        External review
      details, financial information).                                                 The procedures relating to appeals to
                                            The applicant can apply to the             the Supreme Court are established
• Business and Commercial                   Information Commissioner for an            by the court. Further information on
  Information                               external review in the event that the      lodging an appeal can be obtained by
   »» Information that would reveal         applicant disagrees with the result of     contacting the Supreme Court.
      trade secrets, information that       the internal review.
      has a commercial value or reveal
      the financial affairs of a person.
                                            The external review application should     Further information
                                            be made within 60 calendar days after
• Deliberative Process                      being provided with the City’s written     Further information on FOI can
                                            Notice of the Internal Review Decision.    be found on the Office of the
   »» Information that would reveal                                                    Information Commissioner’s website
      a decision made during a              Applications requesting external           www.oic.wa.gov.au or by contacting
      deliberative process closed to the    review as a third party or following an    the office.
      public.                               application for amendment of personal
• Legal Professional Privilege              information must be lodged within 30       Office of the Information
                                            calendar days after being provided         Commissioner
   »» Information that would reveal         with the written Notice of the Internal    Albert Facey House
      legal advice.                         Review Decision.                           469 Wellington Street
                                                                                       Perth WA 6000
• Confidential Communications                                                          Tel: (08) 6551 7888
   »» Information that would reveal                                                    Email: info@foi.wa.gov.au
      details of a confidential nature
      obtained in confidence and could
      be expected to prejudice the
      future supply of information.
                                                                                               Freedom of Information Statement 2020 – 2021 17
18
Administration Centre 25 Cedric Street Stirling WA 6021
              Telephone (08) 9205 8555
      Enquiries www.stirling.wa.gov.au/enquiries
  Web www.stirling.wa.gov.au |         /citystirlingwa

   This information is available in alternative formats on
  request. Please contact the Customer Contact Centre
                     on (08) 9205 8555
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