manningham council freedom of information (foi) part ii

Manningham Council Freedom of Information (FOI) Part II Statement Documents and information available to the public

i Manningham Council Freedom of Information (FOI) Part II Statement

INTRODUCTION 4

1. Introduction 5

1.1. Part II Statement 5

OUR ORGANISATION AND FUNCTIONS 6

2. Our organisation and functions 7

2.1. Our history 7

2.2. Our structure 7

2.3. Our functions 8

2.3.1. List of laws, regulations and local laws 8

2.4. Our decision-making powers 10

2.4.1. Community Consultation 10

DOCUMENTS HELD BY US 11

3. Documents held by us 12

3.1. Document categories 12

3.1.1. Information management 12

OUR POLICIES AND PROCEDURES 13

4. Policies and Procedures 14

4.1. Policies and Procedures 14

PUBLICATIONS AND DOCUMENTS AVAILABLE FOR INSPECTION 15

5. Publications and Documents available for inspection 16

5.1. News magazines, websites and social media 16

5.1.1. News 16

5.1.2. Websites 16

5.1.3. Social Media 16

5.1.4. Email Mailing Lists 16

5.1.5. Information sheets 16

5.2. Documents available for public inspection 17

LIBRARIES AND READING ROOMS 20

6. Libraries and Reading Rooms 21

6.1. Reading Rooms 21

6.2. Library Services 21

ii Manningham Council Freedom of Information (FOI) Part II Statement

FREEDOM OF INFORMATION (FOI) ARRANGEMENTS 22

7. Freedom of Information arrangements 23

7.1. Submitting a request 23

7.2. Processing requests 24

7.3. Exemptions 24

7.4. Access charges 24

7.5. Further information 24

3 Manningham Council Freedom of Information (FOI) Part II Statement

LIST OF TABLES Table 1: List of Council’s social media accounts 16 Table 2: List of Acts and Regulations providing public access to various information 17 Table 3: Location and opening hours of Manningham libraries 21


INTRODUCTION


1. Introduction

1.1. Part II Statement The Freedom of Information Act 1982 (‘FOI Act’) outlines the general right of access to information in the possession of the Government of Victoria and other bodies, including local councils, constituted under the laws of Victoria, unless exemptions defined by the Act apply.

Under Part 2 of the FOI Act, requires all agencies to annually publish a statement setting out the particulars of the agency, and list all documents that are either produced by or in the possession of the agency.

The purpose of the Part II Statement is to:

• Provide an overview of how Manningham Council operates;

• Help the community to identify potential documents of interest; and,

• Outline the different options to access information.

This document was last updated on 4 June 2019.


OUR ORGANISATION AND FUNCTIONS


2. Our organisation and functions

2.1. Our history The City of Manningham was formed on 15 December 1994 through the amalgamation of the former City of Doncaster and Templestowe and parts of the former Shire of Lilydale. Three State Government appointed commissioners managed the city until 24 March 1997, when eight Councillors were sworn into office.

Manningham Council is comprised of three Council Wards – Heide, Koonung and Mullum Mullum Wards.

Each Ward is represented by three Councillors. In total, our elected Council consists of a Mayor, Deputy Mayor and seven other Councillors. The elected Council is the formal decision-making body. Details of our current Councillors can be found on our website at: https://www.manningham.vic.gov.au/councillors

2.2. Our structure The Council’s administration is led by the Chief Executive Officer (‘CEO’), who operates under the guidance of the elected Council. The CEO is supported by the Executive Management Team. The Executive Management Team oversees and manages the day-to-day operations of the Council, supported by over 700 staff who have the responsibility of implementing the policies and directions set by Council.

Further details about our Executive Management Team and organisational structure can be found at: https://www.manningham.vic.gov.au/our-organisation

https://www.manningham.vic.gov.au/councillors

https://www.manningham.vic.gov.au/our-organisation


2.3. Our functions As prescribed under section 3E of the Local Government Act 1989, the functions of Council, which may be performed both inside and outside the municipality, include:

• Advocating and promoting proposals which are in the best interests of the local community;

• Planning for and providing services and facilities for the local community;

• Providing and maintaining community infrastructure in the municipal district;

• Undertaking strategic and land use planning for the municipal district;

• Raising revenue to enable the Council to perform its functions;

• Making and enforcing local laws;

• Exercising, performing and discharging the duties, functions and powers of Councils under this Act and other Acts; and,

• Any other function relating to the peace, order and good government of the municipal district.

2.3.1. List of laws, regulations and local laws

The following list indicates, as far as practicable, the Acts, Regulations and Local Laws that apply to, and/or are enforced by us:

• Aboriginal Heritage Act 2006

• Building Act 1993

• Children Youth and Families Act 2005

• Climate Change Act 2010

• Conservation, Forests and Lands Act 1987

• Country Fire Authority Act 1958

• Cultural and Recreational Land Act 1963

• Dangerous Goods Act 1985

• Domestic Animals Act 1994

• Education and Care Services National Law Act 2010

• Educational and Training Reform Act 2006

• Electrical Safety Act 1998

• Emergency Management Act 1986

• Environment Protection Act 1970

• Estate Agents Act 1980

• Fences Act 1968

• Food Act 1984

• Freedom of Information Act 1982

• Gambling Regulation Act 2003

• Graffiti Prevention Act 2007

• Health Records Act 2001

• Heritage Act 1995

• Housing Act 1983

• Impounding of Livestock Act 1994

• Infringements Act 2006

• Land Acquisition and Compensation Act 1986

• Land Act 1958

• Liquor Control Reform Act 1998

• Local Government (Electoral) Regulations 2016

• Local Government (General) Regulations 2015

• Local Government (Long Service Leave) Regulations 2012

• Local Government (Planning and Reporting) Regulations 2014


• Major Transport Projects Facilitation Act 2009

• Manningham City Council Meeting Procedure Law 2017

• Manningham Community Local Laws 2013

• Mineral Resources (Sustainable Development) Act 1990

• Occupational Health and Safety Act 2004

• Occupational Health and Safety Regulations 2017

• Planning and Environment (Fees) Regulations 2016

• Planning and Environment Act 1987

• Planning and Environment Regulations 2015

• Privacy and Data Protection Act 2014

• Protected Disclosure Act 2012

• Public Health and Wellbeing Act 2008

• Public Records Act 1973

• Road Management (General) Regulations 2016

• Road Management Act 2004

• Road Safety (General) Regulations 2009

• Road Safety (Traffic Management) Regulations 2009

• Road Safety (Vehicles) Regulations 2009

• Road Safety Act 1986

• Road Safety Road Rules 2017

• Second Hand Dealers and Pawnbrokers Act 1989

• Sex Work Act 1994

• Sports and Recreation Act 1972

• Subdivision (Fees) Regulations 2016

• Subdivision (Procedures) Regulations 2011

• Subdivision Act 1988

• Summary Offences Act 1966

• Tobacco Act 1987

• Transfer of Land Act 1958

• Transport Integration Act 2010

• Valuation of Land Act 1960

• Victoria State Emergency Service Act 2005

• Local Government Act 1989

• Victorian Grants Commission Act 1976

• Magistrates Court Act 1989

• Water Act 1989

Copies of Victorian legislation are available on the Victorian Legislation and Parliamentary Documents Website at www.legislation.vic.gov.au

A copy of Manningham’s Local Laws can be obtained from Council’s website or through our Customer Service at (03) 9840 9333 or via [email protected]

http://www.legislation.vic.gov.au/

mailto:[email protected]


2.4. Our decision-making powers Council exercises its decision-making powers through Council meetings.

Decisions are made at Ordinary Meetings, and for urgent matters, Special Meetings. These meetings are held at the Council Chamber and are open to the public.

Due to their nature or need to maintain confidentiality, some matters may be considered by Council in a closed session.

Further information about Council meetings and committees can be found at: https://www.manningham.vic.gov.au/find-council-meetings-and-committees

The Local Government Act 1989 makes express provisions for the appointment of delegates to act on behalf of Council. Most Council decision-making powers have been allocated by formal delegation to the Chief Executive Officer, Special Committee and/or to members of staff. The Instruments of Delegation can be found at: https://www.manningham.vic.gov.au/public-registers-and-information

2.4.1. Community Consultation

We regularly engage with the community as part of the decision-making process. This includes our “Your Say” website (www.yoursaymanningham.com.au), an online consultation portal for the community voice their views on local issues and projects. In addition to the “Your Say” website, we also conduct consultation through the following:

• Direct mail

• Feedback forms/Customer Surveys

• Focus Groups

• Public forums and information sessions

• Listening Posts

• Advisory Committee

We have established and operate a number of committees for the purpose of advising Council. Committee meetings are open to the public and/or have the meeting minutes available for public inspection.

We are also a member of, or associated with, a number of bodies and committees. A list of these is available at: https://www.manningham.vic.gov.au/committees

https://www.manningham.vic.gov.au/find-council-meetings-and-committees

https://www.manningham.vic.gov.au/public-registers-and-information

http://www.yoursaymanningham.com.au/

https://www.manningham.vic.gov.au/committees


DOCUMENTS HELD BY US


3. Documents held by us

3.1. Document categories We maintain a variety of documents in relation to our functions and activities. These range from general correspondence with members of the community to our adopted policies and resolutions. The following is a non-exhaustive list of the categories of documents in our possession:

• Agendas and Minutes

• Annual and financial reports

• Building and planning permits and associated documents, including plans

• Animal registration applications received and issued

• Council resolutions

• Correspondence (general and Councillor)

• Departmental publications, including newsletters

• Disclosures of conflicts of interest

• Documents submitted by third parties

• Internal administration documents relating to staff management and the operation of Council, including personnel records, audit records and internal operating procedures

• Legal documents, including local laws, contracts, leases, agreements, licences, instruments of delegation, instruments of appointment and authorisation, legal advices and court documents

• Mailing lists

• Maternal and child health records, including immunisation records

• Media releases and general advertising

• Officer reports and briefs

• Permit applications and permits issued under Council’s local laws

• Policies, guidelines, strategies and plans, including their development and implementation

• Public and stakeholder consultation processes and outcomes

• Records of administration and enforcement of legislation and local laws

• Reports prepared by external consultants

• Requests for information under the Freedom of Information Act 1982 and files and papers relevant to the consideration of those requests

• Risk management assessments

• Standard operating procedures

• Surveys, statistics and data

• Tenders and evaluations

• Training material

• Written and verbal complaints received, and records of any subsequent investigation.

3.1.1. Information management

Our information is maintained in accordance with best practice information management practices and the Public Records Act 1973 - in either digital or hardcopy formats.


OUR POLICIES AND PROCEDURES


4. Policies and Procedures

4.1. Policies and Procedures We have a range of policies and procedures that govern our daily operations and support the administrative functions of Council. The following is a non-exhaustive list of those policies and procedures:

• Climate 2020 Action Plan

• Community Engagement Framework

• Community Safety Plan 2013-2017

• Conditions of Pavilion and Ground Use Policy

• Councilor Code of Conduct

• Disability Access and Inclusion Plan 2013-2017

• Domestic Animal Management Plan

• Domestic Wastewater Management Plan

• Doncaster East Structure Plan

• Early Years Plan 2012-2018

• Election Period Policy 2016

• Flood Emergency Plan

• Fraud & Corruption Policy

• Gambling Policy 2013-2017

• Generation 2030 Community Plan

• Green Wedge Action Plan 2020

• Health Records Policy

• Healthy City Plan 2013-2017

• Heatwave Plan

• Heritage Restoration Fund (Trees and Gardens) 2016/2017: Policy and Guidelines

• Highball Infrastructure Plan 2013-2023

• Information Management Policy

• Information Privacy and Security Policy

• Koonung Park Management Plan

• Leased Community Facilities Pricing Policy

• Outdoor Advertising on Council Owned and Managed Property - 2017 Policy

• Outdoor Sports Infrastructure Guidelines

• Parking Management Policy

• Parking Permit Policy

• Pines Activity Centre Structure Plan

• Prevention of Violence Against Women Strategy and Action Plan

• Procurement Policy

• Protected Disclosure Procedures

• Rainwater Tank Policy

• Reconciliation Action Plan 2015-2017

• Road Safety Strategy and Action Plan

• Seasonal Sports Pricing Policy

• Special Rates Charges Contributory Projects Policy

• Sponsorship Policy 2012-2016

• Storm water Management Plan

• Sustainable Water Management Plan

• Templestowe Village Structure Plan

• Walk Manningham Plan 2011-2020

• Youth Policy and Action Plan 2011-2015

A number of these documents are available on our Council website: http://www.manningham.vic.gov.au/strategies-and-policies

Alternatively, you can request copies from our Customer Service at (03) 9840 9333 or via [email protected]

http://www.manningham.vic.gov.au/strategies-and-policies



PUBLICATIONS AND DOCUMENTS AVAILABLE FOR INSPECTION


5. Publications & documents available for inspection

We provide community information through a variety of publications.

5.1. News magazines, websites and social media 5.1.1. News

• Manningham Matters – Our community magazine • Invigorate – Health and lifestyle magazine

5.1.2. Websites

• Manningham City Council • Manningham Community Directory • Doncaster Hill

• Your Say Manningham • Manningham Business

5.1.3. Social Media

Table 1: List of Council’s social media accounts

5.1.4. Email Mailing Lists

• Doncaster Hill eNewsletter • Manningham Business E-News

• Manningham Art Gallery • Doncaster Playhouse

5.1.5. Information sheets

Council publishes various information sheets and guides covering topics including:

• New Residents information • Community Health • Local activities & events • Community Groups • Family Services

• Business development • Building and Planning guides • Animal Registration • Emergency preparation • Waste and Recycling

SOCIAL MEDIA LINKS

Facebook

https://www.facebook.com/ManninghamCouncil/ https://www.facebook.com/manninghambusiness/ https://www.facebook.com/ArtsManningham/ https://www.facebook.com/DoncasterPlayhouse/ https://www.facebook.com/DoncasterRail/ https://www.facebook.com/ManninghamMayor/

Twitter https://twitter.com/manninghamCC YouTube https://www.youtube.com/user/ManninghamCouncil Instagram https://www.instagram.com/cityofmanningham/ LinkedIn https://www.linkedin.com/company/manningham-council

https://www.manningham.vic.gov.au/manningham-matters

https://www.manningham.vic.gov.au/invigorate

https://www.manningham.vic.gov.au/manningham-matters

https://www.manninghamdirect.com.au/

https://www.doncasterhill.com/

https://www.yoursaymanningham.com.au/

https://www.manninghambusiness.com.au/

https://www.doncasterhill.com/enewsletter

http://www.manninghambusiness.com.au/contact/enews/

https://www.manningham.vic.gov.au/manningham-art-gallery

https://www.manningham.vic.gov.au/doncaster-playhouse

https://www.facebook.com/ManninghamCouncil/

https://www.facebook.com/manninghambusiness/

https://www.facebook.com/ArtsManningham/

https://www.facebook.com/DoncasterPlayhouse/

https://www.facebook.com/DoncasterRail/

https://www.facebook.com/ManninghamMayor/

https://twitter.com/manninghamCC

https://www.youtube.com/user/ManninghamCouncil

https://www.instagram.com/cityofmanningham/

https://www.linkedin.com/company/manningham-council


Information sheets can be obtained from on our website or through Manningham Customer Service at (03) 9840 9333 or via [email protected]

5.2. Documents available for public inspection We maintain a number of documents which are available for public inspection. The following is a non-exhaustive list of documents available for public inspection:

Table 2: List of Acts and Regulations providing public access to various information

ACT OR REGULATION INFORMATION AVAILABLE FOR PUBLIC ACCESS

Local Government (General) Regulations 2015

Overseas and interstate travel undertaken by any Council or employee in an official capacity in past 12 months.

Public Agendas and Minutes of Ordinary and Special Council Meetings held in previous 12 months.

Register of delegations kept under sections 87(1) and 98(4) of the Local Government Act 1989, including date of last review.

A list of land leases entered into by us as the lessor and details of the lessee and terms and value of the lease.

Register of authorised officers appointed under section 224 of the Local Government Act 1989

A list of donations and grants made by us in the previous 12 months with details of the recipient and value.

Local Government Act 1989

Register of Interests (section 81(10))

Election campaign donation returns (section 62A)

Councillor Reimbursement Policy (section 75B)

Councillor Code of Conduct (section 76C)

If a resolution to reappoint a person as CEO without advertising the position, details of the person's proposed total remuneration under the new contract (Section 94).

Proposed local laws and explanatory documents setting out prescribed details in relation to the local law (section 119)

Local Laws operative within the municipality (section 120)

Current Council Plan (section 125)

Budget or Revised Budget (section 130)



Annual Report (section 133)

Differential rates declared by Council (section 161)

Where a public notice of intention to declare a special rate, a special charge, or a combination of both has been issued, the proposed declaration will be available for at least 28 days after publication of the notice (section 163)

Procurement Policy (section 186A)

Quality or costs standards that have been adopted by Council (section 208F)

Preliminary and Final Reports from the last Electoral Representation Review (section 219F)

Building Act 1993

Register of issued building permits (section 31)

Register of occupancy permits, certificates of final inspection, temporary approvals and amendments (section 74)

Register of emergency orders, building notices and building orders (section 126)

Domestic Animals Act 1994

Register of all registered dogs and cats in the municipal district (section 18)

Food Act 1984 Registrations, renewals and transfers in relation to a food premises with details of orders to suspend or revoke registration of food premises under Part III of the Act (section 43)

Planning and Environment Act 1987

Victorian Planning Provisions and any amendments to Victorian Planning Provisions (sections 4H & 4I)

Submissions to Minister for Planning requesting amendments and exemptions to a planning scheme (sections 18 & 21)

Panel hearing reports on submissions to amend a planning scheme (section 26)

Amended planning scheme (section 42)

Register of planning permit applications, and applications for amendment of permits, during the period within which the decision on an application may be reviewed (section 49)

Objections to planning permit applications, and application for amendment of permits, during the period within which the decision on an application may be reviewed (section 57)


Council issued planning permits (section 70)

Agreements we have entered into with a landowner in the area, covered by a planning scheme for which it is a responsible authority. (section 179)

Public Health and Wellbeing Act 2008 Municipal public health and wellbeing plan (section 26)

Road Management Act 2004

Register of public roads where Council is the coordinating road authority (section 19)

Protected Disclosures Act 2012 Council’s Protected Disclosures Procedure (section 59)


LIBRARIES AND READING ROOMS


6. Libraries and Reading Rooms

6.1. Reading Rooms Reading rooms at Council’s offices can be arranged with reasonable prior notice, for the purpose of inspecting our documents and publications.

Please contact our Customer Service at (03) 9840 9333 or via [email protected]

6.2. Library Services Library services in Manningham are provided by the Whitehorse Manningham Regional Library Corporation. (http://www.wml.vic.gov.au).

The following libraries are located within Manningham:

Table 3: Location and opening hours of Manningham libraries

* = Please check with the libraries for opening hours during public holidays.

LIBRARY ADDRESS OPENING HOURS*

Bulleen Library Bulleen Plaza, Manningham Road, Bulleen VIC 3105

• Monday to Friday: 10am-6pm • Saturday: 9am-5pm • Sunday: Closed

Doncaster Library MC Square, 687 Doncaster Road, Doncaster VIC 3108

• Monday, Tuesday & Friday: 10am-6pm • Wednesday & Thursday: 10am-8pm • Saturday: 9am-5pm • Sunday: 1pm-4pm

The Pines Library Cnr Reynolds & Blackburn Roads, Doncaster East VIC 3109

• Monday to Friday: 10am-8pm • Saturday: 9am-5pm • Sunday: Closed

Warrandyte Library The Warrandyte Community Centre, 168 Yarra Street, Warrandyte VIC 3113

• Monday & Sunday: Closed • Tuesday & Wednesday: 10am-5:30pm • Thursday & Friday: 1pm-5:30pm • Saturday: 9am-1pm


http://www.wml.vic.gov.au/


FREEDOM OF INFORMATION (FOI) ARRANGEMENTS


7. Freedom of Information arrangements If you cannot access the information you want from our publications or by inspection, the Freedom of Information Act 1982 (‘FOI Act’) provides the right to apply for access to documents we hold.

Documents include those regarding our functions and operations, as well as those related to your personal affairs.

The FOI Act provides you the right to request that we amend or remove personal information about you, where it is inaccurate, incomplete, out of date, or where it might be misleading.

Access is limited only where exemptions of the Act are applicable, such as to protect public interests, privacy and business affairs.

7.1. Submitting a request When submitting a FOI application, it must:

• Be in writing

• Sufficiently describe the documents you are seeking to access; and,

• Be accompanied by a non-refundable application fee

o A waiver or reduction of the fee on the basis of hardship can be requested.

o The fee is set at 2 fee units and is updated every financial year.

You request can be submitted

1. Email: [email protected]

2. In person at Customer Service located at the Manningham Civic Centre, 699 Doncaster Road, Doncaster; or,

3. By post with a cheque or money order payable to ‘Manningham City Council’, addressed to:

The Freedom of Information Officer Manningham City Council PO Box 1 Doncaster VIC 3108

If you submit the request without the application fee (or if you are unable to pay in person or by cheque/money order), we will send you an invoice for the fee. This invoice includes the available payment options, including electronic payment options (e.g. BPay, online, etc).

If you are applying on behalf of another individual, please provide a written authority from that individual as evidence.

If you are seeking documents about your personal affairs, please provide us with evidence of your identity.

Any received FOI application will be reviewed to ensure it complies with requirements of the FOI Act.



7.2. Processing requests Once a valid request is received, we make an access decision within the statutory timeframes of the FOI Act – 30 days from receipt of a valid request.

This timeframe may be extended if mandatory third-party consultation is required, or with the written consent of applicant.

The timeframe may also be reset if it is determined that an access charges deposit is required. This occurs when we estimate access charges will exceed $50.

You will be notified of any change to the decision timeframes.

If we make a decision to refuse, defer or to grant access only in part to a document/s, you will be notified in writing of the reasons for that decision and of your review rights.

7.3. Exemptions Access to all documents may not always be provided if any one of a number of exemptions of the FOI Act apply. The more commonly cited exemptions relate to documents that contain:

• opinion, advice or recommendations of a Council officer (section 30)

• personal affairs information of another person (section 33)

• confidential commercial information or trade secrets (section 34)

• information obtained in confidence from a third party (section 35) A number of exemptions require us to consult with third-parties to seek their views regarding potential disclosure of their information.

7.4. Access charges In providing access to documents under the FOI Act, access charges may apply.

Charges are calculated in accordance with section 22 of the FOI Act and the Freedom of Information (Access Charges) Regulations 2014.

7.5. Further information Contact our FOI Officer for more information about access to documents under FOI:

Post: Freedom of Information Officer Manningham Council PO Box 1 Doncaster VIC 3108

Email: [email protected] Phone: (03) 9840 9333

Contact Details Freedom of Information Officer

Information Management | Information Technology

Ph: 9840 9333

Email: [email protected]
