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Freedom of Information Information Statement | 2021 - 2022

Information Statement | 2021 - 2022

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Page 1: Information Statement | 2021 - 2022

Freedom of Information Information Statement | 2021 - 2022

Page 2: Information Statement | 2021 - 2022

Contents 1. Introduction ................................................................................................................. 1 2. Structure and Functions of Council ........................................................................... 1 2.1 Council Structure......................................................................................................... 1

2.2 Agendas and Minutes ................................................................................................. 2

2.3 Council Agendas and Minutes ..................................................................................... 2

2.4 Sub-Committees and Consultative Committees .......................................................... 2

3. Public Participation ..................................................................................................... 3 3.1 Council Meetings and Committees .............................................................................. 3

3.2 Community Consultation ............................................................................................. 3

4. Documents Avaialble for Inspection .......................................................................... 4 5. Freedom of Information Procedures and Access Arrangements ............................ 7 5.1 Freedom of Information Operations ............................................................................. 7

5.2 Freedom of Information Applications ........................................................................... 8

5.3 Freedom of Information Charges ................................................................................. 8

5.4 Freedom of Access Arrangements .............................................................................. 8

5.5 Freedom of Information Notice of Decision.................................................................. 8

5.6 Freedom of Information Refusal of Access .................................................................. 9

6. Amendments of Personal Information to Council Records ..................................... 9 7. Freedom of Information Management Structure ....................................................... 9 7.1 Principle Officer ........................................................................................................... 9

7.2 Decision Maker ........................................................................................................... 9

7.3 FOI Coordinator .......................................................................................................... 9

8. Application for Access to Documents ......................................................................10

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1. Introduction The main objective of the Freedom of Information (FOI) Act 1992 (The Act) is to extend (subject to certain defined exemptions) the rights of the public to obtain access to information held by government.

The Act aims to ensure that government records concerning the personal affairs of members of the public are not incomplete, incorrect, out of date or misleading.

Under Section 94 of the Act, all government agencies are required to publish an annual Information Statement which describes:

• The agency’s structure and functions

• How the agency’s functions affect the public

• How the public may participate in agency policy development

• The kinds of documents the agency holds

• How members of the public may access and amend agency documents

This Information Statement is current as at 7 July, 2021. It includes considerable information about the Shire of Murray, as well as references to other additional sources of information.

Frequently, the information you are seeking could already be available under existing administrative arrangements. Further information can be provided by contacting the Freedom of Information Coordinator via:

Shire of Murray Administration Office, 1915 Pinjarra Road, Pinjarra WA 6208

(08) 9531 7777 | [email protected]

2. Structure and Functions of Council 2.1 Council Structure

The Shire of Murray Council is the overall decision-making body. The Council employs a Chief Executive Officer who is delegated the responsibility of putting into the effect the decisions of Council. The organisation is structured into five directorates, depicted below:

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The Shire of Murray is served by nine Councillors, with one elected as Shire President and one Deputy Shire President. Councillors are elected for four-year terms.

2.2 Council Meetings

Ordinary Council meetings are held on the fourth Thursday of each month, commencing at 5.30pm. The Audit Committee is required to meet on an annual basis.

2.3 Council Agendas and Minutes

Agendas for Council and Committee Meetings are available for inspection on the Shire website or in person at the Shire Administration Office approximately one week prior to the meeting date.

2.4 Sub-Committees and Consultative Committees

There are a number of sub-committees, advisory and management committees, and consultative groups for which there are Council delegates. These comprise:

Committees of Council

Audit Committee CEO Resource Sharing Committee Bush Fire Advisory Local Emergency Management Committee

External Organisations

Peel Regional Leaders Forum Western Australian Local Government Association – Peel Zone Rivers Regional Council Peel Regional CLAG for Mosquito Control Coolup Land Conservation District Committee Murray House Resource Centre Management Committee District Emergency Management Committee Peel Community Care Rail Heritage Foundation of W.A. South West Regional Road Group Peel Trails Group Dwellingup Community Village Inc. Management Committee Metro South West Joint Development Assessment Panels (JDAP) Peel Community Care Peron Naturaliste Partnership Project Group ALCOA Community Consultation Network (CCN)

Working Groups

Edenvale Homestead Working Group Murray Access and Inclusion Group Rural Landholders Reference Group Crime Prevention and Community Safety Reference Group

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Peel Mobile Health Service Reference Group Keysbrook Community Working Group Annual Volunteer Awards Selection Panel Australia Day WA Community Citizenship Awards Selection Panel Age Friendly Communities Working Group Local Recovery Management Committee Coastal Hazard Risk Management and Adaption Plan Project Steering Group Peel Harvey Biosecurity Group Local Planning Strategy Reference Group Pinjarra Rail Heritage Committee

3. Public Participation 3.1 Council Meetings and Committees

Members of the public are able to provide feedback and put forward their views on particular issues in a variety of manners. These include:

Public Question time at Ordinary Council Meetings Only – A minimum period of fifteen minutes at the commencement of a Council Meeting will be made available for public question time.

It is important to note that questions raised by the public should relate to matters affecting the local government. If a response cannot be provided at the meeting, the question will be taken on notice and a response will be provided to the person in writing.

Deputations to Committees and Council – If a member of the public has a particular interest in an item being discussed, they may apply to state their case or explain an issue. Unless the Council resolves otherwise, a deputation invited or permitted to address a Council meeting—

(a) Is not to exceed five persons, only two of whom may address the Council, although others may respond to specific questions from members

(b) Is not to address the Council for a period exceeding ten minutes with discussion and questions included

Petitions – Petitions on matters relating to the Local Government (Shire of Murray) may be submitted in accordance with the Shire of Murray Meeting Procedures Local Law 2015

Written Requests – The community may write to the Shire on any matter relating to the Local Government (Shire of Murray).

Councillors – The community may contact Councillors on any matter.

3.2 Community Consultation

It is Council’s practice to consult with the community as much as possible. At times, the whole community may be asked to comment on a particular issue, while in other instances only the people directly affected will be consulted. Comments from the community are welcome at any time on any issue under Council’s direction.

This consultation will take many forms. Some of the more commonly used methods are:

• Public meetings • Workshops • Expressions of Interest

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• Advertisements in the local paper • Leaflet drops • Surveys • Consultative Committees • Displays

4. Documents Avaialble for Inspection The following documents are available for public inspection at the Shire of Murray Administration Office free of charge. If members of the public wish to obtain copies of any documents, then a charge may apply.

Function Brief Description

Commercial Activities The function of competing commercially or providing services to other local governments or agencies on a fee for service basis. Includes undertaking activities on a consultancy or contract basis.

Community Relations The function of establishing rapport with the community and raising and advancing the Council’s public image and its relationships with outside bodies, including the media and the public.

Community Services The function of providing, operating or contracting services to assist local residents and the community.

Corporate Management

The function of applying broad systematic planning to define the corporate mission and determine methods of the Shire of Murray’s operation.

Council Properties The function of acquiring, constructing, designing, developing, disposing and maintaining facilities and premises owned, leased or otherwise occupied by the Shire of Murray.

Customer Service The function of planning, monitoring and evaluating services provided to customers by the council.

Development and Building Controls

The function of regulating and approving building and development applications for specific properties, buildings, fences, signs, antennae, etc. covered by the Building Code of Australia and the Environment Protection Authority (EPA).

Economic Development

The function of improving the local economy through encouragement of industry, employment, tourism, regional development and trade.

Emergency Services The function of preventing loss and minimising threats to life, property and the natural environment, from fire and other emergency situations.

Environmental Management

The function of managing, conserving and planning of air, soil and water qualities and environmentally sensitive areas such as remnant bush lands and threatened species.

Financial Management

The function of managing the Shire of Murray’s financial resources.

Governance The function of managing the election of Council representatives, the boundaries of the Shire, and the terms and conditions for Elected Members.

Government Relations

The function of managing the relationship between the Council and other governments, particularly on issues which are not related to normal Council business such as Land Use and Planning or Environment Management.

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Function Brief Description

Grants and Subsidies The function of managing financial payments to Shire of Murray from the State and Federal Governments and other agencies for specific purposes.

Human Resources The function of managing the conditions of employment and administration of personnel at the Shire including consultants and volunteers.

Information Management

The function of managing the Shire of Murray’s information resources, including the storage, retrieval, archives, processing and communications of all information in any format.

Library Services The function of providing and managing public access library facilities and services.

Information Technology

The function of acquiring and managing communications and information technology and databases to support the business operations of the Council.

Land Use and Planning

The function of establishing a medium to long term policy framework for the management of the natural and built environments.

Laws and Enforcement

The function of regulating, notifying, prosecuting, and applying penalties in relation to the Council's regulatory role.

Parks and Reserves The function of acquiring, managing, designing and constructing parks and reserves, either owned or controlled and managed by Council.

Personnel The function of managing the conditions of employment and administration of personnel at the Shire of Murray including consultants and volunteers.

Plant, Equipment and Stores

The function of managing the purchase, hire or leasing of all plant and vehicles, and other equipment. Includes the management of the Shire of Murray’s stores. Does not include the acquisition of information technology and telecommunications.

Public Health The function of managing, monitoring and regulating activities to protect and improve public health under the terms of the Public Health Act, health codes, standards and regulations.

Rates and Valuations The function of managing, regulating, setting and collecting income through the valuation of rateable land and other charges.

Recreation and Cultural Services

The function of the Shire of Murray arranging, promoting or encouraging programs and events in visual arts, craft, music, performing arts, sports and recreation, cultural activities and services.

Risk Management The function of managing and reducing the risk of loss of Shire of Murray properties and equipment and risks to personnel.

Roads The provision of road construction and maintenance of roads and associated street services to property owners within the Shire of Murray area.

Sewerage and Drainage

The function of designing and constructing, maintaining and managing the liquid waste system, including drainage, sewerage collection and treatment, storm water and flood mitigation works.

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Function Brief Description

Traffic and Transport The function of planning for transport infrastructure and the efficient movement and parking of traffic. Encompasses all service/facilities above the road surface and includes all forms of public transport.

Waste Management The function of providing services for Shire of Murray ratepayers for the removal of solid waste and recyclable materials, encourage waste reduction and usage through education.

Water Supply The function of managing the design, construction, maintenance and management of water supplies, either by the Shire of Murray or by service providers.

Forms held within Council:

Department Use

Building Building Permit Building Building Approval Certificate Building Subdivision Building Demolition Permit Building Temporary Accomodation Building Short Stay Accomodation Building Public Buildings, Infrastructure or Equipment Report Building Rural Street Number Aplication Emergency Servcies SMS Alerts Emergency Services Vehicle Identifier Sticker System Application (VIS) Emergency Services Fire Hazard Report Environment Services Waterwise Verge Rebate Events Special Event Application Events Casual Hire – Facility or Reserve Events Regular Hire – Facility or Reserve Events Regular (Seasonal) Hire – Facility or Reserve General Customer Service Report General General Complaint Health Effluent Disposal System Application Health Food Business Registration Health Temporary Food Stall Permit Health Trading in Public Places Application Health Food Stall Annual Trading Permit Health Air Pollution Report Health Food Complaint Report Health Noise Complaint Report Infrastructure Services Crossover Subsidy Infrastructure Services Street Trees Infrastructure Services Hardscape Verge Treatment Infrastructure Services Boat Ramps and Canals Report Infrastructure Services Road, Shared Path or Drainage Report Infrastructure Services Tree Removal/Pruning Report (Shire Property) Infrastructure Services Street Tree Removal/Pruning

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Infrastructure Services Burial Application Infrastructure Services Monument Permit Application Infrastructure Services Funeral Directors Licence Application Infrastructure Services Pinjarra Cemetery Information Request Infrastructure Services Single Funeral Permit Application Library Membership Office of the CEO Deputations Office of the CEO Public Questions Operations Centre Playground, Parks and Gardens Report Operations Centre Graffiti Report Place and Community Community Assistance Partnership Fund Place and Community Community Sponsorship Fund Place and Community Alcoa Dwellingup Community Assistance Scheme Place and Community Community Facility Fund Planning Development Application Planning Request for Copy of Plans Rangers Abandoned Vehicles Report Rangers Barking Report Rangers Wandering Stock Report Rangers Cat Registration Rangers Cat Nuisance Report Rangers Cat Breeding Permit Rangers Change of Ownership - Cat Rangers Dog Registration Rangers Kennel Establishment Licence Rangers Change of Ownership - Dog Rangers Dog Attack Report Rangers Off-Road Vehicles Report Rangers Hooning Report Rangers Illegal Parking Report Rangers Litter and Illegal Dumping Report Rates Change of Ownership or Postal Address Rates Direct Debit by Instalment Rates Rates Smoothing Rates Special Payment Arrangement Rates Pensior Rebate Waste Recycle Bin Upgrade

5. Freedom of Information Procedures and Access Arrangements 5.1 Freedom of Information Operations

The Shire aims to make information available promptly and at the least possible cost, and whenever possible documents will be provided outside the FOI process.

If information is not routinely available, the Freedom of Information Act 1992 provides members of the public with the right to apply for documents held by the Shire, to enable the public to ensure that personal information in documents is accurate, complete, up to date and not misleading.

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5.2 Freedom of Information Applications

Written access applications must:

• Give enough information so that the documents requested can be identified • Give an Australian address to which notices can be sent • Be lodged at the agency with any application fee payable

Applications may be lodged to the Shire:

By Post

Freedom of Information Coordinator Shire of Murray PO Box 21 Pinjarra WA 6208

By Email

Freedom of Information Coordinator [email protected]

In Person

Shire of Murray Administration Office, 1915 Pinjarra Road, Pinjarra WA 6208

Applications will be acknowledged in writing and you will be notified of the decision within 45 days.

5.3 Freedom of Information Charges

A scale of fees and charges set under the FOI Act Regulations. Apart from the application fee for non-personal information, all charges are discretionary. The charges are as follows:

Lodgement Fee (minimum fee providing two hours research and twenty A4 copies. No fee is applicable for personal information about the applicant)

$30.00

Additional document copies (per A4 page) $0.20 Additional clerical research (per hour) Actual Cost

Deposits

• Advance deposit may be required of the estimated charges of 25% • Further advance deposit may be required to meet charges for dealing with the application of

75%

For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge payable is reduced by 25%.

5.4 Freedom of Information Access Arrangements

Access to documents can be requested in the following ways:

• A copy of a document(s), computer disk, transcript of a recorded document, words recorded in shorthand, encoded form, a written document in the case of a document from which words can be reproduced in written form.

Where Council is unable to grant access in the form requested, access may be given in a different form.

5.5 Freedom of Information Notice of Decision

As soon as possible, but in any case, within 45 days, you will be provided with a notice of decision which will include details such as:

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• The date which the decision was made • The name and the designation of the officer who made the decision • If the document is an exempt document the reasons for classifying the matter exempt; or

the fact that access is given to an edited document • Information on the right to review and the procedures to be followed to exercise those

rights

5.6 Freedom of Information Refusal of Access

Applicants who are dissatisfied with a decision of the agency are entitled to ask for an internal review by the agency. Application should be made in writing within 30 days of receiving the notice of decision.

You will be notified of the outcome of the review within 15 days.

If you disagree with the result, you then can apply to the Information Commissioner for an external review and details would be advised to applicants when the internal review decision is issued.

6. Amendments of Personal Information to Council Records A member of the public may gain access to Council documents to seek amendments concerning their personal affairs by making a request under the Local Government Act. A member of the public may then request a correction to any information about themselves that is incomplete, incorrect, misleading or out of date.

7. Freedom of Information Management Structure Principal Officer: Chief Executive Officer Decision Maker: Director of Corporate Services FOI Coordinator: Records Coordinator

7.1 Principle Officer

The Principal Officer is responsible for the internal review process. If the Principal Officer makes the initial decision to refuse access to documents there is no right of internal review, therefore the applicant must make an external review to the Information Commissioner.

The Principal Officer shall appoint decision makers by formal direction, either by minutes or instrument.

7.2 Decision Maker

Decision makers need to be identified by name and designation in the Notice of Reasons and are accountable for these decisions. Officers cannot review their own decisions, or decisions to which they have been a party.

7.3 FOI Coordinator

The FOI Coordinator manages all FOI activities and liaises with the decision makers and Principal Officer.

The FOI Coordinator shall:

• Record all work flow and time management details • Calculate projected costs, final cost and times spent processing applications • Give access

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• Give access to an edited copy • Refuse to deal with the application • Refuse access • Defer access • Give access to a suitable qualified person

8. Application for Access to Documents Visit murray.wa.gov.au/Shire-and-Council/Freedom-of-Information.

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