moyne shire council freedom of information part ii · pdf filemoyne shire council . freedom of...

Moyne Shire Council Freedom of Information

Part II Statement

Pursuant to the Freedom of Information Act 1982

Prepared by Joanne Brozinski

Date of issue – February 2016 Last reviewed – January 2018 Reviewed 1 January each year

Version Control Date Changes made 5/01/2017 Charges updated – paragraph reformatted 11/01/2018 Legislation updated

Moyne Shire Council Part II Statement

2 Moyne Shire Council

This document is uncontrolled in printed form

Contents

Introduction ......................................................................................................................... 3

Access to documents and information about how we exercise our powers and perform our functions ............................................................................................................................ 3

Freedom of Information ..................................................................................................... 3

FOI Principles .................................................................................................................... 4

What information is made available under freedom of information? ................................... 4

Exempt documents ............................................................................................................ 4

Freedom of Information Act 1982 publication requirements ............................................... 5

Statement 1 – Organisation and Functions of Council ........................................................... 6

Establishment .................................................................................................................... 7

Principal Officer and Address ............................................................................................ 7

Functions ........................................................................................................................... 7

Decision Making Powers ................................................................................................... 8

Consultative Arrangements ............................................................................................... 9

Local Laws ...................................................................................................................... 10

Legislation ....................................................................................................................... 11

Libraries or Reading Rooms ............................................................................................ 14

Libraries .......................................................................................................................... 14

Community Libraries ........................................................... Error! Bookmark not defined. Statement 2 – Categories of documents ............................................................................. 15

Description of Record Keeping System ........................................................................... 15

Statement 3 – FOI Arrangements ....................................................................................... 17

Published Information on Freedom of Information ........................................................... 17

Access Arrangements ..................................................................................................... 17

Right of appeal ................................................................................................................ 18

Identification of Documents ............................................................................................. 18

Charges ........................................................................................................................... 19

Freedom of Information Officer ........................................................................................ 19

Statement 4 – Publications ................................................................................................. 19

Literature available by subscription or via mailing lists ..................................................... 19

Documents available for inspection ................................................................................. 20

The following information is required to be made available for public inspection pursuant to Regulation 12 of the Local Government (General) Regulations 2015 (SR NO 119 OF 2015) - REG 12 ...................................................................................................... 20

Statement 5 – Rules, policies and procedures .................................................................... 24

Statement 6 – Report literature ........................................................................................... 29




Introduction This document has been produced by Moyne Shire Council (MSC) in accordance with Part II of the Freedom of Information Act 1982.

Its purpose is to provide an overview of the types of documents kept by the Moyne Shire Council and explains the freedom of information process.

Access to documents and information about how we exercise our powers and perform our functions

Section 7 of the Freedom of Information Act 1982 (‘the Act’) requires all agencies, to publish a set of statements that describe their powers and functions, the documents and information they keep and the ways people can view or get copies of them.

In the interests of transparency, the Moyne Shire has compiled a Part II Freedom of Information Statement where you will find information about:

• Statement 1 – Organisation and Functions of Council Freedom of Information Act 1982, Section 7(1) (a) (i) (vii) and (viii)

• Statement 2 – Categories of documents Freedom of Information Act 1982, Section 7(1) (a) (ii)

• Statement 3 – FOI Arrangements Freedom of Information Act 1982, Section 7(1) (a) (iii) (v) (vi)

• Statement 4 – Publications Freedom of Information Act 1982, Section 7(1) (a) (iv)

• Statement 5 – Rules, policies and procedures Freedom of Information Act 1982, Section 8

• Statement 6 – Report literature Freedom of Information Act 1982, Section 7(1) (a) (vi)

Freedom of Information

The Freedom of Information Act 1982 has applied to local government since 1 January 1994. Freedom of Information (FOI) gives members of the public:

• a right to information held by Ministers, state government departments, agencies, statutory authorities and local government authorities

• a legal right to apply for incorrect, out of date or misleading information about them to be amended or removed from their personal files.




FOI Principles

Freedom of information embraces the principles that:

• members of the public have a legally enforceable right of access to government information

• government departments and agencies are required to publish information concerning the documents they hold

• people may ask for inaccurate, incomplete, out of date or misleading information to their personal records to be amended

• people may appeal against a decision by a government body not to give access to the information, or not to amend a personal record.

What information is made available under freedom of information?

People have a right to seek access to documents that were created or received by Moyne Shire Council after 1 January 1989. Documents may take the form of:

• written documentation whether registered on file or not

• Books

• films

• maps • photographs

• microfiche • electronic mail

• computer printouts • computer disks

• tape recordings • sound tracks

• video tapes

Exempt documents

In some instances, the right of access to some documents may be refused or limited by specific exemptions of the Freedom of Information Act. These exemptions are applied where it is deemed necessary for the protection of the public’s interest, privacy or commercial reasons. Exempt documents fall into the following categories:

• internal working documents

• law enforcement documents

• documents containing material obtained in confidence

• documents relating to trade secrets

• documents relating to legal professional privilege

• documents affecting personal privacy




• Council documents subject to section 89(3) of the Local Government Act 1989

• disclosure is contrary to public interest

Freedom of Information Act 1982 publication requirements

The Freedom of Information Act 1982 (Part II) requires Council to make available the following statements to provide more detail about the Moyne Shire Council and the types of information available to members of the public.

This statement consists of:

• Organisation and functions of Council

• Categories of documents maintained by Council

• Documents prepared by Council for publication or public inspection

• Freedom of information arrangements and responsible officers

• List of committees whose meetings are open to the public or minutes publically available

• Locations and hours of operation of libraries or reading rooms available for public use.




Statement 1 – Organisation and Functions of Council Freedom of Information Act 1982, Section 7(1) (a) (i) (vii) and (viii) Organisational Structure

ORGANISATIONAL STRUCTURE

COUNCIL

Chief Executive(Governance & Leadership)

Community & Corporate Support

Sustainable Development

Physical Services

Aged CareØ Home CareØ Respite CareØ Food ServicesØ Home MaintenanceØ Adult Day CareMaternal & Child HealthImmunisationsCommunity TransportEarly Childhood ServicesLibrariesAboriginal Reconciliation

Financial PlanningFinancial ReportingAuditBudgetsRevenue CollectionProperty/Person DataAccounts ReceivableAccounts PayableInformation TechnologyCustomer Services

Environment ManagementTown PlanningØ Heritage Advisory ServiceBuilding ControlPublic HealthØ Health EducationØ Food PremisesRegulatory ControlsØ Local LawsØ School CrossingsØ Fire PreventionMajor ProjectsAnimal ControlWaste ServicesEconomic Development

Moyne ServicesØ Roads & FootpathsØ DrainageØ Trees MaintenanceØ BridgesØ Parks & AmenitiesØ Street CleaningØ Mt Shadwell QuarryEngineeringØ DesignØ Contract ManagementØ Forward PlanningAsset ManagementØ GISØ Building MaintenanceØ Major Projects

(Building)Ø Customer RequestsSupport ServicesØ PlantØ Stores

Recreation & Community DevelopmentGrantsArts & CultureYouthCommunity Planning & Development

Community LeadershipPolicy MakingCorporate Planning

Organisational DevelopmentOrganisational PerformanceQuality ComplianceStatutory ComplianceRisk ManagementInsurancesInternal AuditHuman Resources RecordsInformation ServicesPayroll

Communications

Corporate Business & TourismCaravan ParksPort AdministrationEventsVisitor Information Centre

Organisational LeadershipGovernancePolicy DevelopmentStrategic Planning – S.R.P. & Council PlanAdvocacyBest Value




Establishment

The Moyne Shire Council was formed in 1994 from the amalgamation of the Shire of Belfast, Shire of Minhamite, Borough of Port Fairy, and parts of the Shire of Mortlake, Shire of Warrnambool, Shire of Dundas, Shire of Mount Rouse and Shire of Hampden.

Principal Officer and Address

The principal officer of the Moyne Shire Council Chief Executive Officer is David Madden. Our main office is located in Princes St Port Fairy.

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

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

Council performs its functions through the enforcement and administration of a large number of Victorian Acts and Regulations and Council Local Laws. The following list indicates as far as practicable the Acts, Regulations and Local Laws that apply to Council.

To achieve our objectives Council provides the following services:

• administration

• aged and disability services

• arts, recreation and cultural services

• building control

• building maintenance




• caravan parks

• coastal and environment

• community development

• customer service

• engineering services

• environmental health

• events

• finance, risk and audit

• governance

• kindergartens

• library services

• local law enforcement

• maternal and child health services

• planning and development control

• Port of Port Fairy

• public conveniences

• rates and information technology

• road maintenance and works

• street lighting

• sustainability and environment

• tourism promotion

• visitor information centre

• waste disposal

Decision Making Powers

Council derives its decision making powers primarily from the Local Government Act 1989. Decisions are made at Ordinary Meetings of Council with Special Meetings of Council called to deal with any urgent matters that may arise. Council meetings are held on the fourth Tuesday of each month and alternate between Port Fairy and Mortlake. The minutes and dates for these meetings are available on our website www.moyne.vic.gov.au

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




Further details of specific decision-making powers held by Council and Council officers in relation to the above legislation can be found in Council's Instruments of Delegation, which are available for public inspection.

The purpose of policy documents is to enable the effective and efficient management of council resources and to assist staff and Council achieve an equitable decision making process. Policies are defined as “general guidelines to regulate the organisation’s actions and conduct and to provide the philosophical standard or criterion to help users exercise good judgement and discretion in the management of daily affairs”. Written policies also enable the community to be aware of the reasoning behind administrative and council decisions and to be familiar with the philosophy behind individual decisions. Policy statements enable much of the day to day business of Council to be handled by the administration, freeing up the time of the elected members in determining major policy and resource allocation issues.

Consultative Arrangements

Council is required to consult with other persons and bodies in relation to its activities and the impact on internal and external stakeholders.

Council has adopted a Community Engagement Framework, Communication Strategy and has a draft Community Engagement Policy. These documents aim to establish a clear statement about the role of community engagement activities in Council decision making processes.

Council runs public consultations on any major strategy or plan which affects the public spaces of the Shire or the wellbeing of residents, businesses or visitors.

We advertise a period of consultation in newspapers, local community publications and on our web site. We will tell you in the advertisement how you can get a copy of the document, how you can respond to it and about any public meeting held to discuss it.

Council publish a quarterly newsletter – Country to Coast – this is mailed to rate payers and is available on our website – www.moyne.vic.gov.au

Councils have the power to establish Special Committees (Section 86, Local Government Act 1989). Special Committees will be appointed where it can be established that a committee would be the most efficient method to:

• review policy and/or monitor and assess the performance of a specific function of the Council; or

• to manage and/or advise on the operation and maintenance of a Council Facility.

By instrument of delegation, the Council can delegate any of its functions, duties of powers to a special committee. These delegated authorities will be clearly set out in the charter for each committee.





The Council can specify in the instrument of delegation that a member of a special committee who is a member of the public or of Council staff does not have voting rights on the special committee.

It should be noted that the Council cannot delegate any of the following powers:

(a) the declaration of a rate, a special charge or a service charge;

(b) authority to borrow money;

(c) entering into contracts for an amount exceeding an amount previously delegated by the Council (this amount, if any, will be set out in the charter);

(d) incurring any expenditure exceeding an amount previously delegated by the Council (this amount, if any, will also be set out in the charter);

(e) any prescribed power.

A Council may require a special committee to report to the Council at intervals determined by the Council. Any reporting requirements will also be set out in the charter.

Council has appointed Special Committees under Section 86 of the Local Government Act:

• Southcombe Park Sports Committee • Port of Port Fairy Committee • CEO Performance Review Committee • Victoria Park Koroit Committee • Koroit Theatre Committee • Mortlake Recreation Reserve • Nirranda Community Facility

Meetings are generally open to the public and the minutes are available for inspection.

For more information about Council’s special committees, please visit our website at www.moyne.vic.gov.au

Local Laws

• Local Law No 1 2015 General Local Law • Local Law No 1 2011 Moyne Meeting Procedure





Legislation

Council performs its function through the enforcement and administration of a large number of Victorian Acts. The following list indicates as far as practicable the Acts and Local Laws that apply to Council.

• Aboriginal Heritage Act 2006

• Associations Incorporation Reform Act 2012

• Building Act 1993

• Catchment and Land Protection Act 1994

• Child Wellbeing and Safety Act 2005

• Children Youth and Families Act 2005

• Climate Change Act 2010

• Conservation, Forests and Land Act 1987

• Country Fire Authority Act 1958

• Cultural and Recreational Lands Act 1963

• Dangerous Goods Act 1985

• Development Victoria Act 2003

• Disability Act 2006

• Domestic Animals Act 1994

• Domestic Building Contracts Act 1995

• Education and Care Services National Law 2010

• Education and Training Reform Act 2006

• Electricity Safety Act 1998

• Emergency Management Act 1986

• Emergency Management Act 2013

• Environment Protection Act 1970

• Estate Agents Act 1980

• Fair Work Act 2009

• Fences Act 1968

• Flora, Fauna Guarantee Act 1988

• Food Act 1984

• Freedom of Information Act 1982

• Gambling Regulation Act 2003

• Graffiti Prevention Act 2007




• Health Records Act 2001

• Heavy Vehicle National Law 2012

• Heavy Vehicle National Law Application Act 2013

• Heritage Act 1995

• Housing Act 1983

• Impounding of Livestock Act 1994

• Infringements Act 2006

• Land Acquisition & Compensation Act 1986

• Land Act 1958

• Livestock Disease Control Act 1994

• Liquor Control Reform Act 1998

• Local Government Act 1989

• Magistrates Court Act 1989

• Major Transport Projects Facilitation Act 2009

• Mineral Resources (Sustainable Development) Act 1990

• National Parks Act 1975

• Pipelines Act 2005

• Planning and Environment Act 1987

• Privacy and Data Protection Act 2014

• Protected Disclosure Act 2012

• Public Health and Wellbeing Act 2008

• Public Records Act 1973

• Road Management Act 2004

• Road Safety Act 1986

• Rooming House Operators Act 2016

• Second Hand Dealers and Pawnbrokers Act 1989

• Sheriff Act 2009

• Sport and Recreation Act 1972

• Subdivision Act 1988

• Summary Offences Act 1966

• Transfer of Land Act 1958

• Transport Integration Act 2010

• Transport (Safety Schemes Compliance and Enforcement) Act 2014




• Valuation of Land Act 1960

• Victorian Environmental Assessment Council Act 2001

• Victorian Grants Commission Act 1976

• Victoria State Emergency Service Act 2005

• Victorian Inspectorate Act 2011

• Victorian Urban Development Authority Act 2003

• Water Act 1989




Libraries or Reading Rooms

The public are able to attend any of the Moyne Shire Offices to read publically available documents. Our offices are located at:

• Princes St Port Fairy • Jamieson St Mortlake

Documents are also available on our website www.moyne.vic.gov.au

Libraries

The Corangamite Regional Library Corporation commenced operation 1 January 1996. The Regional Library Corporation provides a public library service to four municipalities: the Shires of Colac Otway, Corangamite and Moyne and the City of Warrnambool.

Port Fairy Library Sackville Street, Port Fairy Day Opening times Monday 10am to 1pm

1.30pm to 4.30pm Wednesday 10am to 1pm

1.30pm to 4.30pm Friday 10am to 1pm

1.30pm to 4.30pm Saturday 10am to 12 noon

Koroit Library Old Borough Chambers, High Street, Koroit Day Opening times Monday 10am to 1pm Wednesday 1pm to 5pm Friday 11am to 1pm 1.30pm to 5pm Saturday 10am to 12 noon

Mortlake Library 101 Dunlop Street Mortlake Day Opening times Wednesday 10am to 1pm

1.30pm to 4pm Friday 10am to 1pm

1.30pm to 5pm Saturday 10am to 12pm





Statement 2 – Categories of documents Freedom of Information Act 1982, Section 7(1) (a) (ii)

Description of Record Keeping System

Moyne Shire Council operates a centralised Electronic Document Records Management System (EDRMS) MAGIQ Document Suite. This system stores information relating to all council business, it manages electronic and hardcopy records. Original documents are scanned and distributed digitally to staff, with some exceptions. Scanned records are stored on site in Port Fairy and off site in our storage facility in Koroit.

We have six main libraries within our EDRMS: • Personnel

o Documents relating to personnel • Policies Strategies and Procedures

o All Council’s policies, strategies and procedures • Property

o All records that are specific to individual properties, such as planning and building applications, notices of acquisition and disposition, changes to account details, pension concession applications etc.

• Roads and Streets o All records that are specific to the construction and design of roads and

streets • Service Requests

o Customer requests for service • Subject Files – all records that do not fall into the libraries listed above

o Documents are organised under the following categories according to our business classification scheme

Asset Management

Community Relations

Community Services

Contract Management

Corporate Management

Economic Development

Emergency Management

Environmental Health Management

Environmental Management




Financial Management

Governance

Grants and Subsidies

Human Resources

Information Communication Technology Management

Information Management

Infrastructure Management

Laws and Enforcement

Meetings and Working Parties

Planning and Land Use

Plant and Equipment Management

Rates and Charges

Recreation Events and Cultural Services

Risk Management

Waste Management




Statement 3 – FOI Arrangements Freedom of Information Act 1982, Section 7(1) (a) (iii) (v) (vi)

Published Information on Freedom of Information

Since 1982, Victoria has had an act of Parliament called the Freedom of Information Act. It gives people a right to obtain information held by ministers, State Government departments, local councils, most semi-government agencies and statutory authorities, public hospitals and community health centres, universities, TAFE colleges and schools.

The Freedom of Information Act gives people the right to request documents relating to their personal affairs. People can also request information about any of the activities of a government agency. The Act also gives an individual the right to request that incorrect or misleading information held by an agency about that individual be amended or removed. The term "agency" is used throughout the Freedom of Information Act but for the purposes of this document the term Council is used when Moyne Shire Council is being referred to.

The Freedom of Information Act gives the public a legal right of access to documents in the possession of Council. However, the protection of the public interest and private and business affairs require some documents to be exempted from access. These may include but are not limited to:

• Internal working documents; • Documents relating to legal proceedings; • Documents affecting the personal privacy of others; • Documents already publicly available or available by paying a fee under an

act other than the Freedom of Information Act; • Documents created before 1 January 1989 that do not relate to the personal

affairs of the applicant.

Access Arrangements

People wanting to make a freedom of information request must:

• make a request in writing

• describe the documents you want to access (provide sufficient detail to allow Council to identify and locate relevant documents)

• specify whether you want to view an original document or receive a copy of the original document

• pay the prescribed FOI application fee

• send your request and application fee made payable to Moyne Shire Council to:




Freedom of Information Officer Moyne Shire Council PO Box 51 Port Fairy Vic 3284

The Freedom of Information Officer will respond to your request as quickly as possible. (The Act requires that a decision be made within 45 days of Council receiving a request.)

Where the Freedom of Information Officer decides to refuse, partially grant or defer access, the applicant will be notified in writing of the reason for refusal, partial access or deferral.

Right of appeal

If an applicant is dissatisfied with the Freedom of Information Officer’s decision to refuse access to a document; defer access to a document; not waive or reduce an application fee (whether or not the fee has already been paid by the applicant) or not amend a document (in accordance with section 39) the applicant may appeal the decision to the FOI Commissioner for review:

FOI Commissioner PO Box 24274 Melbourne. VIC, 3001 Tel: 1300 842 364 Email: [email protected] Web: www.foicommissioner.vic.gov.au

Identification of Documents

FOI requests must contain sufficient detail concerning the documents to enable the Council to identify the information. Where the terms of a request are vague, assistance will be provided to applicants to help determine the type of documentation being sought.

mailto:[email protected]

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




Charges

Charges for access to documents will be in accordance with the Freedom of Information (Access Charges) Regulations 2004. An application fee must accompany a request for access (unless waived or reduced on hardship grounds) for it to be valid.

Application fee - $28.40 from 1 July 2017 (non- refundable unless fee is waived)

Access charges – $21.30 per hour or part thereof

In some instances, further charges may apply in addition to the application fee. Where this is the case, the applicant will be advised of the estimated additional costs prior to processing the FOI application.

Waiver of fee and charges

The application fee and charges may be waived in some circumstances, generally in relation to instances of demonstrated personal hardship or matters in the public interest.

Freedom of Information Officer

Ms Joanne Brozinski Moyne Shire Council PO Box 51 Port Fairy VIC 3284 PH: 03 5568 0502 Email: [email protected]

Statement 4 – Publications Freedom of Information Act 1982, Section 7(1) (a) (iv)

Literature available by subscription or via mailing lists

• Koroit Geothermal Project Community Engagement Committee newsletter

• Port Fairy Working Group Community update newsletter

• Macarthur Hawkesdale Wind Farm Community Engagement newsletter

• Morton’s Lane Wind Farm Newsletter

• Updates for web pages are available via email

mailto:[email protected]




Documents available for inspection

The following information is required to be made available for public inspection pursuant to Regulation 12 of the Local Government (General) Regulations 2015 (SR NO 119 OF 2015) - REG 12

For the purposes of section 222 of the Act, the following are prescribed documents if they are not published on the Internet website of the Council—

(a) a document containing details of overseas or interstate travel (other than interstate travel by land for less than 3 days) undertaken in an official capacity by any Councillor or member of Council staff in the previous 12 months, including—

(i) the name of the Councillor or member of Council staff; and

(ii) the dates on which the travel began and ended; and

(iii) the destination of the travel; and

(iv) the purpose of the travel; and

(v) the total cost to the Council of the travel, including accommodation costs;

(b) the agendas for, and minutes of, ordinary and special meetings held in the previous 12 months which are kept under section 93 of the Act, other than those agendas and minutes relating to a part of a meeting which was closed to members of the public under section 89 of the Act and are confidential information within the meaning of section 77(2) of the Act;

(c) the minutes of meetings of special committees established under section 86 of the Act and held in the previous 12 months, other than those minutes relating to a part of a meeting which was closed to members of the public under section 89 of the Act and are confidential information within the meaning of section 77(2) of the Act;

(d) a register of delegations kept under sections 87(1) and 98(4) of the Act, including the date on which the last review took place under sections 86(6) and 98(6), respectively, of the Act;

(e) a document containing details of all leases involving land which were entered into by the Council as lessor, including the lessee and the terms and the value of the lease;

(f) a register maintained under section 224(1A) of the Act of authorised officers appointed under that section;




(g) a list of donations and grants made by the Council in the previous 12 months, including the names of persons who, or bodies which, have received a donation or grant and the amount of each donation or grant.

In accordance with the Local Government Act 1989, the following documents are available for inspection:

Council’s website – www.moyne.vic.gov.au

• Copies of election campaign donation returns, summaries also available on Council's website (s62A)

• A copy of Council's policy in relation to the reimbursement of expenses for Councillors and members of Council committees (s75B), available on Council's website

• A copy of the current Councillor Code of Conduct (s76C), available on Council's website

• If Council reappoints the Chief Executive Officer without first advertising the position, details of the proposed total remuneration under the new contract (s94)

• A copy of any Council proposed local laws and explanatory documents setting out prescribed details in relation to the local laws (s119)

• Copies of Local Laws operative within Moyne Shire Council (s120), available on Council's website

• A copy of the current Council Plan (s125), available on Council's website

• A copy of the current Strategic Resource Plan (s126), summarised in Council Plan and also incorporated in Budget

• A copy of the Budget or Revised Budget (s130), available on Council's website

• A copy of the Annual Report and the associated Auditors Report on the Financial Statements (s131), available on Council's website

• Details regarding differential rates declared by Council (s161)

• Where Council has given public notice of an intention to declare a special rate, a special charge, or a combination of both, copies of the proposed declaration will be available for at least 28 days after the publication of the notice (s163).

• A copy of the current Procurement Policy (s186A)

• Copies of any quality or cost standards that have been adopted by Council (s208F), available on Council's website

• Copies of the Preliminary and Final Reports from the last Electoral Representation Review (s219F), available on Council's website





• Best Value Report in compliance with S208 A to J of the Local Government Act 1989

In accordance with the Building Act 1993, the following documents are available for inspection:

• A register of building permits (s31) • A register of occupancy permits, temporary approvals, and amendments

(s74) • A register of emergency orders, building notices, and building orders (s126)

In accordance with Building Regulations 2006, the following information is available upon request:

• Building and occupancy permits, certificates of final inspection, any current statement under Building Regulation 502 or 503, building notices, and building orders (r326[1])

• Information on the likelihood that a given property is susceptible to flood, termites, bushfire, and/or snowfalls, and that a given property is within an area of designated land or works as prescribed by regulation 806 (r326[2])

• Approval dates of the mandatory notification stages for building works (r326[3])

In accordance with the Domestic Animals Act 1994, the following documents are available for inspection:

• A register of all registered dogs and cats (s18)

In accordance with the Food Act 1984, the following documents are available for inspection:

• Records of registrations, renewals and transfers in relation to a particular food premises, including details of orders to suspend or revoke registration of food premises under Part III of the Act (s43)

In accordance with Section 49 of the Planning and Environment Act 1987, the following documents are available for inspection:

• A copy of Victorian Planning Provisions and any amendments to Victorian Planning Provisions (s4H; I)

• A copy of amendments and submissions to Minister for Planning requesting amendments and exemptions to a planning scheme (s18; 21)

• A copy of panel hearing reports on submissions to amend a planning scheme (s26)

• A copy of an amended planning scheme (s42) • A register containing applications for permits and application for amendment

of permits and all decisions and determinations relating to permits and amendment of permits (s49)




• A copy of objections to permit applications and application for amendment of permit during the period which an application may be made for review of a decision on the application (s57)

• Copies of Council issued permits (s70) • A copy of agreements Council has entered into with an owner of land in the

area covered by a planning scheme for which it is a responsible authority (s179[2])

In accordance with the Public Health and Wellbeing Act 2008, the following documents are available for inspection:

• Moyne Shire Council Public Health and Wellbeing Plan 2013 - 2017

In accordance with the Road Management Act 2004, the following documents are available for inspection:

• Council's Public Road Register is available for inspection at Council offices (s19)

In accordance with the Protected Disclosure Act 2012, the following documents are available for inspection:

• Moyne Shire Council’s Protected Disclosure Procedures (s58)




Statement 5 – Rules, policies and procedures Freedom of Information Act 1982, Section 8

In addition to documents made available for public inspection under Section 11 of the Local Government (General) Regulations 2004, the Freedom of Information Act 1982 requires Council to make available certain documents for inspection and purchase. This statement applies to documents that are provided by Council for the use or guidance of Council or its officers in:

• making decisions/recommendations; and • providing advice to persons outside Council with respect to rights, privileges,

benefits, obligations, penalties.

This list is not an exhaustive list of documents used by Council or its officers, it is an example of documents which are frequently referred to. Many of the documents are available directly for download through Councils website or by contacting the Council’s Freedom of Information Officer. Area of Council Documents Communications Communications Strategy 2004-2008 Community Engagement Framework Community Engagement Policy - draft Logo use Procedure Corporate Business Crown Land Leasing Guidelines: Leasing Legislation

Author: Department of Sustainability and Environment Leasing Policy for Crown Land in Victoria 2010 Author:

Department of Sustainability and Environment Policy and Instructions for purchase, compulsory acquisition

and sale of land. Author: Department of Infrastructure August 2000

Safety and Environment Management Plan Port of Port Fairy 2013-2017

Corporate and Community Support

Arts Acquisition Management Policy Community Access Plan Community Engagement Framework Community Infrastructure Contribution Policy Corangamite Regional Library Agreement Disability Awareness Policy Early Childhood Services Municipal Cooperation




Area of Council Documents Electronic Gaming Machine Policy Fees for use of Council Properties Health and Wellbeing Plan Homecare guidelines

Kindergartens Service Policy Library Services Review

No Smoking Policy Moyne Futures Community Plan Young Achievers Program Youth Strategy Corporate and Community Support - Children's Services

Acceptance and Refusal of Authorisations Administration of First Aid Administration of Medication Anaphylaxis Asthma Child Safe Environment Code of conduct Community Safety Plan Complaints and Grievances Curriculum Development (Children’s Program) Dealing with Infectious Diseases Dealing with Medical Conditions Delivery and Collection of Children Determining Responsible Person Diabetes Emergency and Evacuation Enrolment and Orientation Environmental Sustainability strategy Epilepsy Excursions and Service Events Fees Food Safety Governance and Management of the Service Hygiene Incident, Injury, Trauma and Illness Inclusion and Equity Information and Communication Technology




Area of Council Documents Interactions with children Kindergartens Service Policy Municipal Early Years Plan Nutrition and Active Play Occupational Health and Safety Participation of Volunteers and Students Privacy and Confidentiality Relaxation and Sleep Sun Protection Supervision of children Water Safety Emergency Management

Municipal Emergency Management Plan Municipal Fire Prevention Plan Municipal Neighbourhood Safer Places Plan Environmental Management

A to Z guide to waste and recycling Battery Hill Management Plan (draft) Best Value Review – Environmental Management Buy Recycled Purchasing Policy Coastal Action Plan Coastal Action Plan Crags Management Plan Curdies River Estuary Management Plan Environmental Sustainability Strategy EPA Publication 364.1 Transport & Disposal of Waste

Asbestos EPA Publication 674 Unlicensed landfills 1999 EPA Publication 788.1 Siting, design operation and rehab of

landfills 2010 EPA Publication 968 Landfill siting & design guide 2004 Griffiths Island Management Plan (draft) Guide to Best Practice at Resource Recovery Centres 2009

(Sustainability Victoria) Kerbside Waste Collection Action Plan Killarney Recreation Reserve Management Plan (draft) Koroit Botanic Gardens Conservation Plan Koroit Botanic Gardens Master plan




Area of Council Documents Local Greenhouse Reduction Action Plan Local Greenhouse Reduction Action Plan Mortlake Tree Study Moyne Shire Council Tree Report Moyne Shire Roadside Conservation Plan Norfolk Island Pine Management Options Plan Port Fairy Botanic Gardens Conservation Plan Port Fairy Botanic Gardens Master plan Roadside Conservation Plan Southcombe Park Strategy Stormwater Management Plan Street Litter Bin Replacement Program Sustainable Water Use Plan Tea Tree Lake Master plan The Crags Management plan Towards Zero Waste Strategy (Victorian Government) Tree Management Plan Waste Facilities Management Plan Waste Facilities Management Plan – Transfer Stations

Options Paper Waste management procedure Waste cash handling and receipting procedure Resource Recovery procedure Hazardous waste and asbestos procedure Code Red procedure Closing the waste facility due to poor weather procedure Continued Operation When Staff Unable to Work procedure Scrap Metal Handling procedure E waste Handling procedure Yambuk Lake Estuary & Wetlands Management Plan Finance Capitalisation of Expenditure Policy Debt Collection Policy Fees for use of Council Property Fees Policy Loan Policy and guidelines Outstanding Accounts Collection Policy Rates Policy Governance Audio Recording at Council Meeting Procedure




Area of Council Documents Complaints Handling Procedure Council Plan Customer Service Commitment Flag Flying Policy Local Law No 1 2015 General Local Law Local Law No 1 2011 Moyne Meeting Procedure Protected Disclosure Procedure Human Resources Equal Opportunity Harassment and Bullying Policy Recruitment and Selection Policy Physical Services Arts and Culture strategy B-Doubles Higher Mass Limit Vehicles on Local Roads

Policy Cattle Underpass Policy Cemeteries and Cemetery Trusts Policy Changes to Vehicle Speed Zones Construction of Unsealed Roads Cropping of Roadsides Policy Footpath Policy - Determination of Community Benefit Footpath Policy - Funding for New Footpaths Footpath Policy - Maintenance and Renewal Footpath Policy - New Footpaths Footpath Policy - New Subdivisions Funding - Services for Community Use Facilities Policy Funding Levels for Recreation Reserves and Facilities

Policy Heavy Vehicles in Residential Areas Policy Maintenance of Sight Distances at Property Entrances

Policy Management of Township Lanes Policy Private Hire of Shire Plant Policy Procurement Policy Property Management Policy Public Signage Strategy Re-chargeable Works Margin Policy Road Management Plan Road Naming Policy Road Safety Strategy Roads Strategy




Area of Council Documents Sale of Land Policy Stormwater Management Plan Strategic Resources Plan Traffic Management Objectives and Strategies Tree Plantations on Roadsides Policy Tree Planting on Roadsides Policy Unformed Government Roads Unused Road Closures Policy Vehicular Access adjacent to Moyne River, Port Fairy Policy Vehicular Property Entrances Policy Warrnambool Airport Funding Contribution Policy Records and Information Management

Councillor mail policy FOI Procedure Information Privacy Policy Records Management Policy Records Protection and Security Policy Records Strategic Plan Vital Records Strategy Recreation Tennis Court Review Report Recreation Strategy Recreation Reserve Strategy Community Assistance Fund guidelines Bicycle Plan Risk Management Public Liability Investigation Policy Sustainable Development

Cattle Tag Information Release CFA bushfire management overlay information Detox your home fact sheet

Statement 6 – Report literature Freedom of Information Act 1982, Section 11) Council meetings are held on the fourth Tuesday of each month rotating between the Port Fairy Family Services Centre, Campbell Street, Port Fairy and the Council




Office in Mortlake and are open to the public. Minutes of these meetings are publicly available and can be accessed on Council’s website www.moyne.vic.gov.au . Council’s annual report is available on our website www.moyne.vic.gov.au

