Freedom of information

The Freedom of Information Act 1982 provides you with a general right of access to information held by Council. It also provides you with a right of appeal if you are refused access to documents, or are not satisfied with the action or decision taken by Council in relation to your request.

To request a Council document(s) under the Freedom of Information Act, please complete the Freedom of Information Application Form available under the Related Documents section of this page  and submit the form to Council, together with the application fee, currently $28.40, which is non-refundable. The completed form and application fee should be forwarded to:

Freedom of Information Officer
Nillumbik Shire Council
PO Box 476
GREENSBOROUGH  VIC  3088

Council’s Freedom of Information Officer has 45 days from the date a valid application has been received to respond to the applicant. For an FOI application to be valid, the request must be in writing, not verbal, be accompanied by the application fee and must contain sufficient details of the document(s) requested to enable Council to conduct a thorough and diligent search for those documents.

Other Charges which may be applicable

Where an application for access is granted, there may be charges in addition to the application fee for:

•     search fees
•     supervision charges
•     photocopying charges
•     providing access in a form other than a photocopy.

These additional costs are set out in the Freedom of Information (Access Charges) Regulations 2014.

Refusal or part-refusal of a request

Not all information is automatically available. The Freedom of Information Act allows Council to refuse access to certain documents such as:

•     law enforcement documents
•     confidential matters considered by Council
•     some internal working documents
•     documents covered by legal professional privilege such as legal advice
•     documents containing personal information about other people
•     documents containing 'Commercial in-confidence' information or trade secrets
•     information obtained in confidence

If you are refused access to documents, or are not satisfied with the action or decision taken by Council, you do have the right to apply for a review of Council’s decision in relation to your application. The request for a review must be completed within 28 days of receiving Council’s decision letter. A review may be requested by writing to the:

Freedom of Information Commissioner
Office of the Freedom of Information Commissioner
PO Box 24274
Melbourne Victoria 3001

For additional information in relation to Freedom of Information generally, please visit the Freedom of Information Commissioner’s website at http://www.foicommissioner.vic.gov.au or you may ring 1300 842 364