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INFORMATION STATEMENT 2015 - 2016 CITY OF BELMONT Information Statement 2016 - 2017 Prepared by the City of Belmont Tel: (08) 9477 7229 Fax: (08) 9478 1473 Email: [email protected] Website: www.belmont.wa.gov.au

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INFORMATION STATEMENT 2015 - 2016

CITY OF BELMONT

Information Statement

2016 - 2017

Prepared by the City of Belmont

Tel: (08) 9477 7229

Fax: (08) 9478 1473

Email: [email protected]

Website: www.belmont.wa.gov.au

INFORMATION STATEMENT 2015 - 2016

CONTENTS

1 INTRODUCTION ................................................................................................................................ 3

2 THE CITY OF BELMONT CREST AND LOGO ....................................................................................... 4

The Achievement of Arms ............................................................................................................................ 4

Building a Real Future (logo) ...................................................................................................................... 4

3 OUR STRATEGIC VISION AND VALUES ............................................................................................. 5

Vision Statement ................................................................................................................................................ 5

Our Values ............................................................................................................................................................. 5

Strategic Community Plan ............................................................................................................................ 5

4 FUNCTIONS OF THE CITY OF BELMONT ........................................................................................... 6

General Functions ............................................................................................................................................. 6

Legislative Functions ...................................................................................................................................... 6

Executive Functions ........................................................................................................................................ 6

5 ORGANISATIONAL STRUCTURE AND FUNCTIONS ............................................................................ 7

Decision Making Functions .......................................................................................................................... 7

The Council ........................................................................................................................................................... 7

The Framework ................................................................................................................................................... 8

Meetings ................................................................................................................................................................. 8

6 PUBLIC PARTICIPATION .................................................................................................................. 11

Public Question Time .................................................................................................................................... 11

Community Consultation ............................................................................................................................ 11

Deputations ........................................................................................................................................................ 11

Written Requests ............................................................................................................................................. 11

Councillors .......................................................................................................................................................... 11

7 ACCESS TO COUNCIL DOCUMENTS ................................................................................................ 12

Limitations to Access.................................................................................................................................... 12

Documents available outside the FOI Act 1992 ............................................................................... 12

Ruth Faulkner Public Library .................................................................................................................... 14

Land Information ............................................................................................................................................. 14

8 FREEDOM OF INFORMATION ACCESS ............................................................................................ 15

Right to Access Documents ...................................................................................................................... 15

Amendment of Personal Information .................................................................................................... 15

Lodging an Application for Access ....................................................................................................... 15

Time Limits ......................................................................................................................................................... 16

Fees and Charges ........................................................................................................................................... 16

Deposits ................................................................................................................................................................ 16

Access Arrangements................................................................................................................................... 16

Notice of Decision ........................................................................................................................................... 17

Review Process ................................................................................................................................................ 17

INFORMATION STATEMENT 2015 - 2016

1 INTRODUCTION The City of Belmont is required under Part 5 of the Freedom of Information Act 1992 (“FOI Act”), to prepare and publish an annual Information Statement. This document has been produced to comply with that requirement and is correct as at July 2016. The Information Statement includes information on:

The structure and functions of the City of Belmont

The functions, including the decision-making functions of the City of Belmont affecting members of the public;

Arrangements enabling members of the public to participate in the formulation of policy and performance of functions;

The kinds of documents held by the City of Belmont and which documents may be viewed, purchased or obtained free of charge;

How documents held by the City of Belmont can be access and the procedures for giving access;

Amending personal information in documents held by the City of Belmont. This document can be provided in alternative formats upon request and can be accessed via the City’s website: http://www.belmont.wa.gov.au Further information can be provided by contacting the Freedom of Information Coordinator during business hours Monday to Friday via:

Telephone: (08) 9477 7222

Email: [email protected] In person: 215 Wright St, Cloverdale WA 6105 Post: LMB 379, Cloverdale WA 6985

INFORMATION STATEMENT 2015 - 2016

2 THE CITY OF BELMONT CREST AND LOGO

The Achievement of Arms

In preparing this coat of arms great attention has been paid to the rules of heraldry to ensure

an accurate achievement. The elements composing the arms (including the colours in the

field of the shield) are very symbolic of the City of Belmont. The kiln and the stack represent

the early industry of brick making and the cog charged thereon is a common symbol for

industry, one of the dominating features of the City. The two wings are symbolic of flight and

Perth’s International Airport, the greater part of which lies within the City. The horse in the

base of the shield symbolises the horse racing industry which in this state, is as old as

Belmont itself. The green in the shield is symbolic of public open space, the wide open sky is

symbolised by the silver and blue represents the waters of the Swan River. The Crest which

rests upon the shield is composed of a masoned crown symbolising the municipality, the

crown in its turn resting upon a wreath mantled of the liveries (the colours in the top half of

the field). The mantling in this instance has been introduced for decorative purposes only.

Issuing from the crown is the head of the black swan, emblem of Western Australia. Around

the swan’s neck is a ducal coronet symbolising Belmont’s relationship to the State of

Western Australia.

Building a Real Future (logo)

The colourful ‘City of Opportunity’ logo symbolises the enthusiasm the Council feels about

the City and its future. It is not the mark of a corporate body but the symbol of a journey of

opportunity that the community of Belmont has embarked upon.

The logo is painted in an informal style because it belongs to the community. The bright

colours, dominated by blue, suggest joy and expectation and the City’s close proximity to the

Swan River. The joyful figure strides confidently forward to embrace the opportunities the

City is offering. These are symbolised by the sun, moon and star - traditional artistic

representatives of promise and opportunity. The star in the figure’s eye indicates that these

opportunities will enter the lives of all who reach for them. The arc that encloses the logo

and gives it its own ‘space’ is an upward sloping curve that represents the growth that the

City has experienced in recent years and the growth that is still to come. The curve is

expressed as three coloured lines, which mirror the three strands of Living Belmont,

Business Belmont and Green Belmont – reflecting the ‘triple bottom line’ that delivers social

and environmental benefits as well as economic performance in every endeavour.

INFORMATION STATEMENT 2015 - 2016

3 OUR STRATEGIC VISION AND VALUES

Vision Statement

City of Belmont – City of Opportunity

The City of Belmont will be home to a diverse and harmonious Community, thriving

from the opportunities of our unique, riverside City.

The City of Belmont’s vision is ambitious, realistic, credible and desirable. It seeks to build on

our character and strengths as we continue to grow and evolve.

Our Values

Our Objective: In everything we do, we will keep to a set of values that guide our attitudes

and behaviours:

TEAMWORK People building relationships to work together to achieve

common goals.

LEADERSHIP

To focus and inspire people to achieve

INTEGRITY To act in an honest, professional, open and accountable

manner.

INNOVATION To encourage new, creative and alternative ways of working.

PEOPLE

FOCUS

To work safely. To communicate and consult in order to

understand people’s needs

Strategic Community Plan

The City of Belmont Strategic Community Plan 2012 - 2032 sets the direction that Council

will take and Management will follow in the City of Belmont over the next twenty years.

It establishes goals, objectives, strategies to achieve them and measurable performance

indicators to enable Council and the Community to review progress.

The Stategic Community Plan 2016 to 2036 can be accessed by visiting the City of Belmont

Civic Centre or the website www.belmont.wa.gov.au.

INFORMATION STATEMENT 2015 - 2016

4 FUNCTIONS OF THE CITY OF BELMONT

Under the Local Government Act 1995, the City has general, legislative and executive

functions.

General Functions

Section 3.1 of the Local Government Act 1995

The general function of a local government is to provide for the good government of people

living and working within its district.

Legislative Functions

Section 3.5 of the Local Government Act 1995

A local government may make local laws that are necessary or convenient for it to perform

any of its functions.

Executive Functions

Section 3.18 of the Local Government Act 1995

A local government is to administer its local laws and may do all other things that are

necessary or convenient to be done for, or in connection with, performing its functions.

INFORMATION STATEMENT 2015 - 2016

5 ORGANISATIONAL STRUCTURE AND FUNCTIONS The City is managed by the Chief Executive Officer (CEO), who is supported by the Director Corporate and Governance, Director Community and Statutory Services and Director Technical Services. The CEO is responsible to Council for the implementation of Council policies, and is to ensure financial and operational efficiency and effectiveness in the achievement of the City’s objectives, and to ensure the regulatory compliance of the organisation. The Chief Executive Officer (CEO) provides overall strategic direction and leadership and acts as a conduit between Council and Council staff, providing accurate and timely advice to Council and the efficient administration of Council.

Decision Making Functions

The Council The Council of the City of Belmont is the decision making body which makes decisions on behalf of the community. The City of Belmont has a decision making process that has been identified as best practice in Western Australian Local Government. The district of the City of Belmont is divided into three wards; South, West and East ward. Each ward is represented by three Councillors. Local government elections to elect Councillors take place on the third Saturday in October biennially. The residents, landowners, and occupiers of business premises in the City of Belmont elect councillors for a four year term. Although voting is not compulsory, electors are urged to use their right to vote. The Mayor and Deputy Mayor are elected by the Elected Members for a period of two years.

Council

Chief Executive Officer

Corporate and Governance

Business Development

Business Improvement

Contracts & Tenders

Compliance

Customer Service

Finance

Governance

Information Technology

Marketing

Rates

Records Management

Business Continuity

Community and Statutory Services

Housing for the Aged

Building Services

Community & Statutory Services

Community Development

Community Safety

Community Welbeing

Health

Homecare Services

Information Officers

Library

Meals on Wheels

Planning Services

Ranger

Museum

Executive Support, Human Resources, Occupational Safety & Health

Technical Services

Design & Assets

Environment

GIS & Mapping

Parks

Projects & Development

Works

Local Emergency Management

INFORMATION STATEMENT 2015 - 2016

The Elected Members form a corporate body working for the community that makes decisions on behalf of the City of Belmont through a formal meeting process, they do not have the authority to act or make decisions as individuals. The Local Government Act 1995 states that the role of Council is to:

direct and control the local government’s affairs;

tale responsibility for the performance of the local governments functions;

oversee the allocation of the local governments finances and resources, and

determine the local governments policies.

The Local Government Act 1995 also states that the role of a Councillor is to:

Represent the interest of electors, ratepayers and residents of the district

Provide leadership and guidance to the community in the district

Facilitate communication between the community and the Council

Participate in the local governments decision-making processes through the meeting process

Perform such other functions as are given to a Councillor by this Act or any other written law.

The Framework The Local Government Act 1995 provides for a system of Local Government by creating a constitution for elected local government in the State, describing the functions of local governments, providing for the conduct of elections and providing a framework for the administration and financial management of local governments and for the scrutiny of their affairs. The Act is intended to result in better decision-making, greater community participation in the decisions and affairs of local governments, greater accountability to their communities and more efficient and effective local government. Meetings The Local Government Act 1995 requires certain meetings to be held by the local government. To facilitate public participation and awareness of Council or Committee meetings the City, at the commencement of each year, advertises the dates, times and location of meetings which are open to members of the public. The advertisement is placed in the local community newspapers, on the website www.belmont.wa.gov.au and on the notice boards of the Civic Centre and City library. The Standing Orders Local Law relates to the procedure and conduct of meetings by which Council and Committee Meetings are run. The Standing Orders Local Law is available on the City of Belmont website; www.belmont.wa.gov.au. Meetings are held Tuesday evenings from February through to December. The monthly meeting cycle commences with the Information Forum on the second Tuesday, the Agenda Briefing Forum on the third Tuesday and the Ordinary Council Meeting on the fourth Tuesday. There are four Standing Committees – Audit and Risk, Community Vision, Environmental and an Executive Committee to support the council meeting cycle. These Committees meet as required to discuss a variety of topics and refer items to Council for consideration. The minutes of these meetings are made available for public inspection; however the meetings themselves are closed to members of the public.

INFORMATION STATEMENT 2015 - 2016

The matrix below shows the meeting cycle:

Information Forum The Information Forum (IF) is not a decision making meeting nor is it open for members of the public to attend. Notes are taken at the meeting and used for guidance by the administration and are not available to the public. The purpose of this forum is to provide an opportunity for the Chief Executive Officer to inform Councillors of significant and strategic matters/projects being progressed by the City and to enable Councillors to identify matters for future consideration by Council. To enable a free flow of communication, the Standing Orders will not generally be applied; however the City of Belmont Code of Conduct will be the guide in respect to the conduct of the forum. Agenda Briefing Forum The Agenda Briefing Forum (ABF) is chaired by the Mayor. The agenda for the forthcoming Ordinary Council Meeting is presented to the forum specifically to provide Councillors the opportunity to ask questions and seek and clarify information for the report items. It is not a decision making forum, nor is it open for debate on matters. Members of the public are able to make submissions or present deputations in respect to matters on the Council agenda at this Forum, prior to matters being formally deliberated upon at the next Ordinary Council Meeting. Ordinary Council Meeting The Ordinary Council Meeting (OCM) is chaired by the Mayor. At this meeting Council formally debates issues and makes decisions on matters affecting the City. These meetings are held in accordance with the Local Government Act 1995 and the City’s Standing Orders; OCM is open to the public. Agendas and Minutes are prepared in accordance with the Act. Elected Members and Officers need to declare interests in accordance with legislation and the City's Code of Conduct.

INFORMATION STATEMENT 2015 - 2016

Executive Committee

The Executive Committee is responsible for making recommendations to Council on Chief

Executive Officer appointments, performance reviews and assessment and to action

complaints against the Chief Executive Officer, Councillors and the Mayor as prescribed in

Council’s Complaints Management Procedure.

Standing Committee (Audit and Risk)

The Audit and Risk Standing Committee (Audit and Risk) assists the Council in discharging

its responsibilities with regard to the exercise of due care and diligence in relation to the

reporting of financial information, the application of accounting policies, the management of

the financial affairs of the City and the assessment of the adequacy of the management of

risk. This committee also makes recommendations to Council on matters referred to it by the

Safety Advisory Team and oversees the Emergency Management Plan.

Standing Committee (Environmental)

The Standing Committee (Environmental) meets to consider and make recommendations to

Council on matters of strategic importance and relevance to the City of Belmont, in relation to

the environment, public land and streetscapes. In particular, monitoring the progress of and

undertaking review of the Environment Plan.

Standing Committee (Community Vision)

The Standing Committee (Community Vision) meets to examine, consider and make

recommendations to Council on matters of strategic importance and relevance to the City of

Belmont that relate to Community Development (now referred to as Community Capacity

Building).

The Committee will act as a catalyst for social change that is driven by the community and

designed to foster resilience and sustainability.

Special Meetings of Council

A special meeting of Council can be convened to consider an urgent matter or a matter

which otherwise involves special circumstances. Special Meetings can be convened at short

notice should the circumstances warrant. Special meetings of the Council are conducted in

much the same way as ordinary meetings of the Council. Members of the public can ask

questions however it can only be in relation to the purpose of the special meeting.

Annual General Meeting of Electors Section 5.27 of the Local Government Act 1995 has a requirement to hold an annual general meeting of Electors. Such meetings afford members of the public the opportunity to ask Councillors and staff questions about City matters. Resolutions from an Annual General Meeting of Electors must be considered at the subsequent ordinary council meeting. However, such resolutions are in no way binding upon the Council.

INFORMATION STATEMENT 2015 - 2016

6 PUBLIC PARTICIPATION There are a number of opportunities provided for ratepayers and residents to participate in the formulation of the City’s plans, policies and strategies as well as comment on the performance of the City’s functions. These opportunities include: Public Question Time Each meeting that is open to the public includes 30 minutes public question time. During Public Question Time, members of the public and Councillors are given an opportunity to ask a question of Council about an issue concerning the meeting at which it is asked. The City promotes the practice of questions being supplied in writing a day or so in advance of the meeting, particularly if a detailed response is desired, as this provides officers with the opportunity to fully address the question at the meeting. If an answer is unable to be provided at the meeting, the question will be taken on notice and a response provided to the person raising the question. The responses to questions taken on notice are also included in the following agenda for that meeting. Information regarding Public Question Time, along with the Public Question Time Form can be obtained from the City’s website; www.belmont.wa.gov.au Community Consultation The whole community may be asked to comment, on a particular issue, while in other instances only the community members directly affected by an issue will be consulted. The consultation process may take many forms and some of the more commonly used methods are: Newspaper and hard-copy surveys; independent telephone survey; information sessions, workshops, expressions of interest, advertisements in the local and State newspapers, leaflet drops, consultative committees, surveys and displays.

Deputations In accordance with the City's Standing Orders, any person or group wishing to make a Deputation at an Agenda Briefing Forum or Ordinary Council Meeting regarding a matter listed on the agenda for consideration must first complete an application form. The Deputation Application form can be obtained from the City’s website; www.belmont.wa.gov.au

Written Requests

Members of the public can write to the City on any Council policy, activity or service of the Council. A response will be provided within reasonable business timeframes

Councillors

Your Councillors have been elected to work for the community and provide an avenue for public participation and input on important decisions which affect the way you live. More information relating to your elected members can be found on City’s website www.belmont.wa.gov.au

INFORMATION STATEMENT 2015 - 2016

7 ACCESS TO COUNCIL DOCUMENTS The City of Belmont creates and stores records of the City’s functions and is managed in accordance with the City’s Record Keeping Plan and legislative requirements. Availability of information is subject to the provisions established in legislation such as the Freedom of Information Act 1992 and the Local Government Act 1995 and may be free, or subject to fees and charges. The City will, in all instances, seek to provide access to information upon request except where there may be legislative limitations. Information is made available through a range of mediums including public statements, news releases, the City’s internet website, advertisements placed in local and state-wide newspapers, public notice boards, library services, information sheets and other publications, as well as individual correspondence, public & statutory documents and reports. Under s5.95 of the Local Government Act 1995, the CEO or the Council may determine that certain information is confidential. Limitations to Access

The most common reasons for refusal to provide access to information are:

Personal Information Information that would reveal personal information about an individual (eg their name, contact details, signature etc) may be exempt under Schedule 1 Clause 3 of the FOI Act 1992

Commercial Information Information that would reveal trade secrets

information of a commercial value (eg documents containing technical designs that, if released, would harm the company), or

information about the professional, commercial or financial affairs of a person (eg debts owed to the City) may be exempt under Schedule 1 Clause 4 of the FOI Act 1992

Deliberative Process Information that would reveal a decision made during a deliberative process closed to the public (eg confidential Council meeting) may be exempt under Schedule 1 Clause 6 of the FOI Act 1992

Legal Professional Privilege Information that would reveal legal advice may be exempt under Schedule 1 Clause 7 of the FOI Act 1992

Please refer to the Freedom of Information Act 1992 for further reasons why the City may limit access to information. Documents available outside the FOI Act 1992 The following documents are available for public inspection at the City of Belmont Civic Centre, Ruth Faulkner Public Library and on the City of Belmont Website www.belmont.wa.gov.au.

INFORMATION STATEMENT 2015 - 2016

DOCUMENT DESCRIPTION INSPECTION

ONLY WEBSITE

Aboriginal Engagement Plan

Agendas / Minutes of Council or Committee Meetings

Annual Budget

Annual Report

Belmont Bulletin

Belmont Business Talk

Belmont Foreshore Precinct Plan 2014

Budget Objectives 2016 - 2017

City of Belmont Reconciliation Action Plan 2015 - 2017 City of Belmont Code of Conduct Community Development Plan

Community Infrastructure Plan Report

Community Infrastructure Plan Summary

Community Safety and Crime Prevention Plan 2012 - 2015 Community Services and Events Guide 2016

Corporate Business Plan 2016 - 2020 City of Belmont Environment Plan 2010 - 2016 Customer Service Charter Delegated Authority Register 2016 - 2017 Design and Construction – Standard Drawings

Disability Access and Inclusion Plan 2012 - 2017

Elected Member Representatives on Committees and Other Groups

Environment and Sustainability Strategy 2016 - 2021

Environmental Health Plan 2013 - 2016

Freedom of Information Application Form

City of Belmont Information Statement 2016 - 2017 City of Belmont Inventory 2012

Leadership Strategy

Leisure Arts and Lifestyle Plan 2015 - 2018

Library Heritage Plan 2013 - 2017 List of Origins for Street Names Road Names and Park Names

City of Belmont Local Bike Plan 2013 - 2018

Local Laws Local Planning Scheme 15 Rates Records Reconciliation Action Plan 2015 - 2017

Record Keeping Plan 2010 City of Belmont Gift Declaration Register - as at July 2016

Register of Financial Interests

Register of owners and occupiers of Land Rights and Obligations under the Public Interest Disclosure Act 2003 Physical Activity and Healthy Eating Plan City of Belmont Policy Manual Schedule of Fees and Charges Strategic Community Plan 2016 - 2036

City of Belmont Tender Register City of Bemont Urban Forrest Strategy

Moving Forward City of Belmont Youth Strategic Plan 2015 and Beyond

INFORMATION STATEMENT 2015 - 2016

Please note the limitations that apply to some documents (as per the table below).

DOCUMENT LIMITATIONS

Building Licence document

Only the owner or mortgagee of a building, or their authorised representative, may inspect any plan or other document relating to that building. A non-owner may inspect or obtain a copy SUBJECT to written approval by the Owner

Development Applications

Information relating to an approval (or refusal) for development approval under the City of Belmont Town Planning Scheme No.14 is available without the requirement to access documents under the FOI Act 1992. This applies to decisions made by the Council or any officer acting under Delegated Authority.

Documents released for public comment

These can generally be accessed at the City of Belmont Civic Centre or the City’s Library

Minutes of Committee Meetings and Council Meetings (including Agendas, Reports etc that relate to the meeting)

A person’s right to inspect information does not extend to the inspection of information where a meeting of Council or Committee, or a part of such a meeting, to which the information refers, is likely to be closed to members of the public. A person’s right to inspect information does not extend where it relates to any debt owed to the City

Statutory Notices

Statutory notices are placed on Public Notice Boards located at the public library and City offices

Ruth Faulkner Public Library Through the State Library of Western Australia (SLWA) the Ruth Faulkner Public Library will endeavour to access or acquire information which is in circulation and available to the public. Information in most formats is included. The Ruth Faulkner Public Library is open to the public 9.00am to 8.30pm Monday to Thursday, 9.00am to 5.00pm Friday and 9.00am to 12.00noon on Saturday and is situated next to the Civic Centre 215 Wright Street Cloverdale.

Land Information The City is responsible for keeping records of road details, private developments, subdivisions, building licences, storm water drainage facilities, and other similar types of work. Applications for information relating to land ownership should be directed to Landgate through:

Email: [email protected] Phone: (08) 9273 7373 Fax: (08) 9273 7666

INFORMATION STATEMENT 2015 - 2016

8 FREEDOM OF INFORMATION ACCESS The City maintains comprehensive records of all of its dealings including correspondence,

memoranda, file notes, reports, plans, sketches, maps, and diagrams, documents pertaining

to the keeping of records, applications, approvals and notices. Many of these documents are

subject to the Freedom of Information Act 1992.

Right to Access Documents The Western Australian Freedom of Information Act 1992 gives the public a legally enforceable right to apply for access to documents held by the City of Belmont. An applicant’s right to seek access cannot be affected by their reasons for wishing to obtain access and there is no requirement to demonstrate such reasons. The City is required to;

assist the applicant in making the application;

assist the applicant in obtaining access to documents at a reasonable cost; and

ensure that personal information captured in documents is accurate, complete, up-to-date and not misleading.

The City is mindful of its obligations and the Act provides general right of access to documents. If possible, the City will try to provide documents outside of the Freedom of Information process. While the Act provides a general right of access to documents, it also recognises some documents require a level of protection. This is applied to documents that meet the exemption criteria in Schedule 1 of the FOI Act 1992. Amendment of Personal Information Personal information is about the individual whilst non-personal information is information concerning other people or matters. The public may apply for access to personal information about themselves that is contained in agency documents. Under the Act any person can apply to have that information corrected if they believe it is incorrect, inaccurate, incomplete, and out of date or misleading. An application must be lodged in writing, providing details, identification and if necessary documentation to support claims to amend personal information. An application fee is not required. The City may make the amendment by altering, striking out, deleting, inserting information or inserting a note in relation to the information. The City will inform the applicant of its decision and its reasons and will advise the applicant of their right of review should they be dissatisfied with the City’s decision. Lodging an Application for Access FOI Application forms are available from the City of Belmont Civic Centre, 215 Wright St Cloverdale or via our website @ www.belmont.wa.gov.au. The use of this form is optional, however an application must;

be in writing; give enough information to enable the requested information to

be identified;

INFORMATION STATEMENT 2015 - 2016

provide an Australian address to which correspondence can be directed; be lodged at the City with any applicable fee payable.

Proof of identity may be required, and if access to documents is sought on behalf of another person the City of Belmont will require written authorisation. Applications may be lodged at the City by:

Mail to: Freedom of Information Coordinator City of Belmont

LMB 379, Cloverdale WA 6985 Email: [email protected] In person: 215 Wright St Cloverdale WA Time Limits

A Notice of Decision must be issued within 45 days from when the application was received. The City aims to respond as soon as practicable to any application and will negotiate with the Applicant on an extension to the 45 day limit should the application be unusually large, or require consultation with a significant number of Third Parties.

The Applicant has 30 days in which to lodge an application for an Internal Review if dissatisfied with the City’s Notice of Decision. The City must respond within 15 days.

The Applicant has 60 days in which to lodge an application for an External Review if dissatisfied with the City’s Internal Review decision. The Information Commissioner must respond within 30 days.

Fees and Charges Listed below is a scale of fees and charges as set under the Freedom of Information Regulations 1993.

Application fee for Personal information No fee

Application fee for non-personal information $30

Charge for staff time dealing with application $30 per/hour or pro-rata

Access time supervised by staff $30 per/hour or pro-rata

Charge for Photocopying – staff time $30 per/hour or pro-rata

Photocopy charges $0.20 per copy

Charge for transcribing tape, film or computer information Actual cost

Charge for duplicating tape, film or computer information Actual cost

Charge for delivery, packaging and postage Actual cost

Deposits Under s17 of the FOI Act 1992, the City is required to provide the applicant with an estimated cost should the charges for dealing with the application exceed $25.00. An advance deposit of 25% of the Estimate Cost may be required as a sign of good faith that full payment will be provided once the Notice of Decision is issued. Access Arrangements Access to documents can be by way of;

Inspection;

a copy of a document;

a copy of an audio or video tape, or computer disk;

INFORMATION STATEMENT 2015 - 2016

a transcript of a recorded document or of words recorded in shorthand or encoded form, or a written document in case of a document where words can be reproduced in written form.

It should be noted that the City is not obligated to provide the information in a format that is not held in at the time of the application or would not be practicable to provide. Notice of Decision A Notice of Decision is a written notice and will include details such as:

the date on which the decision was made; the name and the designation of the officer who made the decision; the reason why a document is considered exempt, or the fact that access is given to

an edited document; and

If access is refused, the reason for claiming the document is exempt Information on the rights of review and the procedures to be followed to exercise

those rights. Review Process The FOI Act provides for a review and appeal process, as follows: Internal Review: if the applicant is dissatisfied with the decision of the City’s “Decision

Maker”, an application for internal review can be made in within 30 days of being notified of the original decision. The internal review will be carried out by the City’s “Reviewer”, who has 15 days to confirm, vary or reverse the decision under review. There is no charge for an internal review.

External Review: if after the internal review has been completed the applicant is dissatisfied with the City’s Internal Review Decision, applicants have the right to lodge a complaint with the Information Commissioner seeking an External Review. The complaint is required to be lodged in writing within 60 days of being notified of the original decision and must give details of the decision to which the complaint relates. There is no charge for an external review. For further information the Information Commissioner can be contacted via:

Office of the Information Commissioner Albert Facey House 469 Wellington Street PERTH WA 6000

Telephone: 6551 7888 Facsimile: 6551 7889 E-mail: [email protected] Website: www.foi.wa.gov.au

Appeals to the Supreme Court: Any party to a complaint may appeal to the Supreme Court on any question of law arising out of a decision of the Information Commissioner, except for a decision as to the deferral of access to a document, the charges to be imposed for dealing with an access application, and the payment of a deposit on account of charges.

The Freedom of Information Act 1992 and associated regulations is available

online, at the State Law Publisher Website at www.slp.wa.gov.au.

INFORMATION STATEMENT 2015 - 2016