JANUARY 2020 Pursuant to the Freedom of Information Act 1982(Vic) - Nillumbik Shire Council
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Pursuant to the Freedom of Information Act 1982(Vic) JANUARY 2020 1
Nillumbik Shire Council Part II Statement RESPONSIBLE AREA: Governance VERSION HISTORY Date Details August 2018 First publication January 2020 Full review
Nillumbik Shire Council Part II Statement Contents Introduction .............................................................................................................................. 1 Responsibility ........................................................................................................................... 1 Statement 1 - Organisation and Functions of Council Freedom of Information Act 1982 – section 7(1)(a)(i), (vii) and (viii) ......................................... 2 Establishment .......................................................................................................................... 2 Location ................................................................................................................................... 2 Organisational Structure .......................................................................................................... 3 Principal Officer........................................................................................................................ 4 Contacting Council ................................................................................................................... 4 Service Centres ....................................................................................................................... 4 Council Wards and Councillors ................................................................................................ 4 Functions ................................................................................................................................. 5 Local Government Functions and Activities.............................................................................. 6 Administrative functions ........................................................................................................... 6 Decision Making Powers .......................................................................................................... 6 Meeting attendance ................................................................................................................. 8 Advisory Committees ............................................................................................................... 9 External Organisations ............................................................................................................. 9 Consultative arrangements .................................................................................................... 10 Libraries ................................................................................................................................. 10 Mobile Library ........................................................................................................................ 10 Acts Administered .................................................................................................................. 11 Local Laws ............................................................................................................................. 13 Statement 2 –Categories of Documents Freedom of Information Act 1982, Section 7(1)(a)(ii) .............................................................. 14 Information Management System........................................................................................... 14 Central Registry ..................................................................................................................... 14 Other Records........................................................................................................................ 14 Principal Records ................................................................................................................... 18 Statement 3 –Freedom of Information Arrangements Freedom of Information Act 1982, Section 7(1)(a)(iii),(v),(vi) .................................................. 24 Freedom of Information .......................................................................................................... 24 Statement 4 – Publicity Material Freedom of Information Act 1982, Section 7(1)(a)(iv) ............................................................. 28 Other Documents ................................................................................................................... 29 Statement 5 – Rules, Policies and Procedures Freedom of Information Act 1982, Section 8(1) ...................................................................... 45 Statement 6 – Report Literature Freedom of Information Act 1982, Section 11 ........................................................................ 47 i
Nillumbik Shire Council Part II Statement THIS PAGE IS INTENTIONALLY LEFT BLANK ii
Nillumbik Shire Council Part II Statement Introduction The purpose of a Part II of the Freedom of Information Act 1982 (FOI Act) (Section 7 – Section 12) is to ensure that individuals and organisations can effectively exercise their right to obtain access to government information which may affect them. Nillumbik Shire Council (Council) releases a large amount of information online and print publishing as well as face to face service provision. The Freedom of Information Part II Statement shows that Council is making information readily available to the public, what that information is and how it can be accessed. Responsibility Agencies, including Council must prepare and publish statements under Part II of the Act, and ensure these statements are published and reviewed annually. The statements provided in this document will provide individuals and other organisations with 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 – Publicity Material Freedom of Information Act 1982, Section 7(1)(a)(iv) Statement 5 – Rules, Policies & Procedures Freedom of Information Act 1982, Section 8 Statement 6 – Report Literature Freedom of Information Act 1982, Section 11 1
Nillumbik Shire Council Part II Statement Statement 1 - Organisation and Functions of Council Freedom of Information Act 1982 – section 7(1)(a)(i), (vii) and (viii) Section 7(1)(a)(i) A statement setting out particulars of the organisation and functions of the agency, indicating, as far as practicable the decision-making powers and other powers affecting members of the public that are involved in those functions and particulars of any arrangement that exists for consultation with, or representation by, bodies and persons outside the government administration in relation to the formulation of policy in, or the administration of, the agency. Section 7(1)(a)(vii) A statement listing all boards, councils, committees and other bodies constituted by two or more persons, that are a part of, or that have been established for the purpose of advising, the agency, and whose meetings are open to the public, or the minutes of whose meetings are available for public inspection. Section 7(1)(a)(viii) If the agency maintains a library or reading room that is available for public use – a statement of that fact including details of the address and hours of opening of the library or reading room. Establishment Nillumbik Shire Council was formed by Order of the Governor in Council on 15 December 1994, when the former Shire of Eltham was amalgamated with parts of the Diamond Valley, Healesville and Whittlesea Shires. Location The Shire of Nillumbik is located less than 25 kilometres north-east of Melbourne, and has the Yarra River as its southern boundary. It extends 29 kilometres to Kinglake National Park in the north. The Shire stretches approximately 20 kilometres from the Plenty River and Yan Yean Road in the west to Christmas Hills and the Yarra escarpment in the east. The Shire covers an area of 431.94 square kilometres and has an estimated population of 64,720 (Annual Report 2017-2018), who live in close-knit communities which range from typical urban settings to remote and tranquil bush properties. Nillumbik is a collection of townships and major activity centres. Areas and townships of the Shire of Nillumbik: Arthurs Creek Hurstbridge Smiths Gully Bend of Islands Kangaroo Ground St Andrews Christmas Hills Kinglake (parts of) Strathewen Cottles Bridge Kinglake West (parts of) Watsons Creek Diamond Creek North Warrandyte Wattle Glen Doreen (parts of) Nutfield Yan Yean Eltham Panton Hill Yarrambat Eltham North Plenty Greensborough (parts of) Research 2
Nillumbik Shire Council Part II Statement Organisational Structure Chief Executive Officer Executive Manager Executive Manager Chief Financial Director Executive Manager Economic Governance, Communities - Officer - [Corporate Operations and Communications Planning and Development and [Community Services] Infrastructure and Engagement Community Safety Tourism Services] Executive Manager Business Property and Community Safety Legal Advisor Early Years Transformation and Facilities and Amenity Performance Maternal Child Finance Infrastructure Governance Health and Building Services Immunisations Information Corporate Capital Works Community Inclusion Planning Services Technology Information Youth and Emergency Human Resources Environment Community Strategic Planning Management Development Recreation and Communications and Community Support Procurement Leisure Marketing Services Community Living and Learning Engagement Libraries Arts and Cultural Development Festivals and Events 3
Nillumbik Shire Council Part II Statement Principal Officer The Principal Officer is the Chief Executive Officer, Mr Carl Cowie. Contacting Council Nillumbik Shire Council Offices: By post: 14 Civic Drive Nillumbik Shire Council Greensborough Vic 3088 PO Box 476, Greensborough Vic 3088 Telephone: (03) 9433 3111 Fax: (03) 9433 3777 Email address: nillumbik@nillumbik.vic.gov.au Web: www.nillumbik.vic.gov.au Service Centres Recycling and Recovery Centre 290 Yan Yean Road, Plenty Normal opening hours for Recycling & Recovery Centre Open: 8am-4pm, Friday, Saturday, Sunday and Monday Closed: Tuesday, Wednesday, Thursday and public holidays Council Wards and Councillors Initially consisting of nine wards, the Victorian Electoral Commission (VEC) undertook an electoral representation review in 2008 and reduced the number of wards to seven with one elected Councillor representing each ward. In 2019 the VEC again undertook a review of Council’s electoral structure. The findings after community consultation and consideration of submissions was that the existing seven ward structure with one elected Councillor representing each ward is still appropriate, with a minor amendment to the existing boundaries. 4
Nillumbik Shire Council Part II Statement The seven wards and elected Councillors are: Blue Lake Ward - Cr Grant Brooker Bunjil Ward - Cr Karen Egan Edendale Ward - Cr John Dumaresq Ellis Ward - Cr Peter Perkins Sugarloaf Ward - Cr Jane Ashton Swipers Gully Ward - Cr Bruce Ranken Wingrove Ward - Cr Peter Clarke The seven Councillors vote at the statutory meeting each October to elect the Mayor and Deputy Mayor for a term of 12 months. As at 30 October 2019 – October 2020 Mayor – Cr Karen Egan Deputy Mayor – Cr Peter Clarke Map courtesy of the Victorian Electoral Commission The current Council was elected in October 2016 for a four year term. The next local government elections will be held in October 2020. Functions Section 3E of the Local Government Act 1989 prescribes the functions of a Council which include: a) Advocating and promoting proposals which are in the best interests of the local community; b) Planning and providing services and facilities for the local community; c) Providing and maintaining community infrastructure in the municipal district; d) Undertaking strategic and land use planning for the municipal district; e) Raising revenue to enable the Council to perform its functions; f) Making and enforcing local laws; g) Exercising, performing and discharging the duties, functions and powers of Council’s under the Local Government Act 1989 and other Acts; and h) Any other function relating to the peace, order and good government of the municipal district. 5
Nillumbik Shire Council Part II Statement Local Government Functions and Activities Council has responsibility for managing a broad range of functions, activities and services. These include: Aged and disability services Libraries Animal management Maternal child health Arts and cultural services Parking management Assets and civic facilities management Parks and open space Building services Recreation and Leisure Community transport Roads, footpaths and drainage Early years, Playhouses and Pre- Tourism Schools Traffic safety Economic development Transport planning Environment and biodiversity Strategic and statutory planning Environmental health Waste management and recycling Heritage Youth services Leisure and recreation services Administrative functions Committees Personnel Management Community Relations Policy Financial Management Property Management Fleet Management Publications Government Relations Reporting Industrial Relations Staff Development Information Management Strategic Management Legal Services Technology and Telecommunications Occupational Health & Safety Decision Making Powers Subject to any limitations or restrictions imposed by or under Local Government Act 1989 or any other Act, Council has the power to do all things necessary or convenient to be done in connection with the achievement of its objectives and the performance of its functions. 6
Nillumbik Shire Council Part II Statement Council may exercise its decision-making powers in one of the following ways: 1. Ordinary Council Meeting or Special Council Meeting Council’s Meeting Procedure Local Law 2017 documents the manner of voting and making resolutions of Council. All Ordinary Council Meeting times and dates for the calendar year are published on Councils website. From time to time Council may hold Special Council Meetings. These meetings are advertised in the Diamond Valley Leader or The Age newspapers. The notice is also published on Council’s website under Public Notices. Ordinary Council Meetings are typically held on the fourth Tuesday of the month commencing at 7pm. Meetings are held at the Civic Centre, Civic Drive, Greensborough, unless advertised otherwise. Special Council meetings are held when called under section 84 of the Local Government Act 1989. 2. Special Committee Council currently has one Special Committee established under section 86 of the Local Government Act 1989. Future Nillumbik Committee. The scope of the Future Nillumbik Committee responsibilities includes all matters within the following portfolio areas: Community Services Economic Development and Marketing Environment and Sustainability Finance and Governance Infrastructure Planning Social Infrastructure In accordance with the Future Nillumbik Committee Terms of Reference, the membership and chairperson arrangements for the Committee are as follows: All Councillors are members of the Future Nillumbik Committee. Council assigns individual portfolio responsibilities to individual Councillors and the agenda shall identity which items of business relate to the respective portfolios. The Chairperson for each particular item shall be the Councillor with the relevant portfolio responsibility. When a Councillor is in the role of Chairperson, they will have the power and authority of the Chairperson as provided in the Meeting Procedure Local Law, including a casting vote. At the commencement of the meeting, when preliminary matters are considered (such as apologies, confirmation of minutes, and declarations of interest) the Mayor shall be the Chairperson. 7
Nillumbik Shire Council Part II Statement All Future Nillumbik Committee meeting times and dates for the calendar year are published on Councils website. From time to time Council may hold Special Future Nillumbik Committee meetings. These meetings are advertised in the Diamond Valley Leader or The Age newspapers. The notice is also published on Council’s website under Public Notices. Future Nillumbik Committee meetings are typically held on the second Tuesday of the month commencing at 7pm, at the Civic Centre, Civic Drive, Greensborough. 3. Delegation By Council Officers under delegation, where specific decision-making powers of Council have been delegated to their position. Council delegates some powers, duties and functions to Council officers to effectively and efficiently carry out its business. This is formalised through a written Instrument of Delegation. A decision made by a ‘delegate’ of Council is deemed to be decision by Council. The Local Government (General) Regulations 2015 requires Council to make available a register of delegations kept under sections 87(1) and 98(4) of the Local Government Act 1989, including the date on which the last review under sections 86(6) and 98(6) took place. Council maintains registers of the following Instruments of Delegations: Instrument of Delegation to the Chief Executive Officer Instrument of Delegation to Members of Council Staff Instrument of Sub-Delegation from Chief Executive Officer to Council staff Instrument of Delegation and Authorisation by Municipal Building Surveyor Instrument of Delegation of CEO powers, duties and functions Instrument of Delegation by CEO for VicSmart Applications under the Planning and Environment Act 1987 The Register of Delegations is available for public inspection at the Civic Centre, Civic Drive, Greensborough. Meeting attendance Members of the public are invited to attend for all public meetings. Meetings are closed to the public when discussing matters deemed confidential under section 89(2) of the Local Government Act 1989. 8
Nillumbik Shire Council Part II Statement Advisory Committees Council has a range of Advisory Committees (listed below), which provide a formal mechanism for Council to consult with key stakeholders, seek specialist advice and enable community participation. Although they do not make any formal decisions, they provide valuable advice to Council. Council appoints Councillors as representatives on its advisory committees and reviews these appointments annually, or in accordance with the Terms of Reference. In accordance with Advisory Committee Terms of Reference, the minutes of meetings are presented to Council. Arts Advisory Committee Living and Learning Advisory Committee Audit Committee Municipal Emergency management CEO Employment Matters Committee Planning Advisory Committee Inclusion Advisory Committee Panton Hill Bushland Reserves Economic Development Advisory System Advisory Committee Committee Positive Aging Advisory Committee Environment and Sustainability Recreational Trails Advisory Advisory Committee Committee Health and Wellbeing Plan Advisory Committee External Organisations Council is a member or participant in a range of external organisations at a local, regional or sector level. Councillors are appointed to represent Council as delegates to those organisations. In some cases, an alternate is also appointed who can attend if the primary councillor is not available. The list below details the organisations that Council has appointed representatives to until it is reviewed following the Local Government Elections in October 2020. Municipal Association of Victoria Northern Alliance for Greenhouse Action Interface Councils group Nillumbik Tourism Association Northern Metro Region Councils group Diamond Creek Traders’ Association Yarra Plenty Regional Library Board Eltham Chamber of Commerce and Metropolitan Waste Management Industry Group Hurstbridge Traders’ Association Metropolitan Transport Forum 9
Nillumbik Shire Council Part II Statement Consultative arrangements Community Consultation Community consultation is undertaken by Council for various projects and when required by legislation. Examples of community consultation could include asking the community for feedback on Council policies, performance on service delivery or involving the community in the development or review of specific projects or developments. Participate Nillumbik is Council's online community engagement site. This is where community members can help inform Council’s decision-making by sharing your ideas or feedback on a variety of projects. Updates on projects are also published and you can read about how your input has contributed to Council’s decisions. Council’s webpage, and local newspapers may also outline a project that Council is undertaking consultation on, in addition to direct mail when this is required. Libraries Locations and hours of operation of libraries or reading rooms available for public use Diamond Valley Library Eltham Library Civic Drive, Greensborough Vic 3088 Panther Place, Eltham Vic 3095 Monday 10:00am – 5:30pm Monday 10:00am – 8:30pm Tuesday 10:00am – 8:30pm Tuesday 10:00am – 8:30pm Wednesday 10:00am – 5:30pm Wednesday 10:00am – 8:30pm Thursday 10:00am – 5:30pm Thursday 10:00am – 8:30pm Friday 10:00am – 5:00pm Friday 10:00am – 5:00pm Saturday 10:00am – 5:00pm Saturday 10:00am – 5:00pm Sunday 1:00pm – 5:00pm Sunday 1:00pm – 5:00pm More information can be found on the Yarra Plenty Regional Library website. Mobile Library The mobile library service is for residents who cannot visit a library. The mobile library bus is wheelchair accessible and members can borrow any of the 14,000 items in stock, including books, videos, DVDs, magazines, talking books and large print publications. More information can be found on the Yarra Plenty Regional Library website. 10
Nillumbik Shire Council Part II Statement Acts Administered The Council derives its powers and operates pursuant to many Acts, Regulations and Council Local Laws. The following indicates as far as practicable the Acts, Regulations and Local Laws that apply to Council: Acts Aboriginal Heritage Act 2006 Filming Approval Act 2014 Associations Incorporations Reform Fines Reform Act 2014 Act 2012 Fire Services Property Levy Act 2012 Australian Citizenship Act (Cth) 2007 Flora and Fauna Guarantee Act 1988 Building Act 1993 Food Act 1984 Catchment and Land Protection Act Freedom of Information Act 1982 1994 Gambling Regulation Act 2003 Cemeteries & Crematoria Act 2003 Graffiti Prevention Act 2007 Children, Youth and Families Act 2005 Health Act 1958 Climate Change Act 2010 Health Records Act 2001 Conservation, Forests and Land Act 1987 Health Services Act 1988 Country Fire Authority Act 1958 Heritage Act 1995 Crown Land (Reserves) Act 1978 Housing Act 1983 Cultural and Recreational Lands Act Impounding of Livestock Act 1994 1963 Independent Broad-Based Anti- Dangerous Goods Act 1985 Corruption Commission Act 2011 Disability Act 2006 Infringements Act 2006 Domestic Animals Act 1994 Land Acquisition and Compensation Act 1986 Education and Care Services National Law Act 2010 Land Act 1958 Education and Training Reform Act Landlord and Tenant Act 1958 2006 Liquor Control Reform Act 1998 Electrical Safety Act 1998 Local Government Act 1989 Emergency Management Act 2013 Magistrates' Court Act 1989 Environment Protection Act 1970 Major Transport Projects Facilitation Equal Opportunity Act 2010 Act 2009 Estate Agents Act 1980 Metropolitan Fire Brigades Act Family Violence and Protection Act 1958 Mineral Resources (Sustainable 2008 Development) Act 1990 Fences Act 1968 National Parks Act 1975 11
Nillumbik Shire Council Part II Statement Occupational Health and Safety Act Sport and Recreation Act 1972 2004 Subdivisions Act 1988 Pipelines Act 2005 Summary Offences Act 1966 Planning and Environment Act 1987 Tobacco Act 1987 Prevention of Cruelty to Animals Act Transfer of Land Act 1958 1986 Transport Integration Act 2010 Privacy and Data Protection Act 2014 Transport (Safety Schemes Protected Disclosure Act 2012 Compliance and Enforcement) Act Public Health and Wellbeing Act 2008 2014 Public Interest Disclosures Act 2012 Urban Renewal Authority Victoria 2003 Public Records Act 1973 Victorian Inspectorate Act 2011 Rail Safety (Local Operations) Act Victorian State Emergency Services 2006 Act 2005 Residential Tenancies Act 1997 Victorian Urban Development Authority Road Management Act 2004 Amendment (Urban Renewal Authority Victoria) Act 2011 Road Safety Act 1986 Water Act 1989 Second Hand Dealers and Pawnbrokers Act 1989 Working with Children Act 2005 Sex Work Act 1994 Sherriff Act 2009 Regulations Australian Consumer Law Heavy Vehicle National Law 2012 Building Regulations 2018 Infringements (General) Regulations Country Fire Authority Regulations 2006 2014 Land Acquisition and Compensation Drugs, Poisons and Controlled Regulations 2010 Substances Regulations 2011 Local Government (Electoral) Education and Care Services National Regulations 2016 Regulations 2011 Local Government (Planning and Family Violence Protection Reporting) Regulations 2014 (Information and Risk Management) Local Government (General) Regulations 2018 Regulations 2015 Food Standards Code 2016 Local Government (Long Service Geothermal Energy Resources Leave) Regulations 2012 Regulations 2006 Occupational Health and Safety Health (Immunisation) Regulations Regulations 2007 1999 Planning and Environment (Fees) Health (Prescribed Accommodation) Regulations 2016 Regulations 2001 12
Nillumbik Shire Council Part II Statement Planning And Environment Road Safety (Road Rules) 2009 Regulations 2015 Road Management (Works and Public Health and Wellbeing Infrastructure) Regulations 2015 Regulations 2009 Road Safety (Vehicles) Regulations 2009 Residential Tenancies (Caravan Parks Road Safety (Traffic Management) and Movable Dwellings Registration Regulations 2009 and Standards) Regulations 2010 Subdivision (Fees) Regulations 2016 Road Management (General) Regulations 2016 Subdivision (Procedures) Regulations 2011 Local Laws Amenity Local Law Amenity Local law – Administrative Policy Guidelines Meeting Procedure Local Law 2017 Infrastructure Assets Local Law Prohibition of Fireworks Local Law 2019 13
Nillumbik Shire Council Part II Statement Statement 2 –Categories of Documents Freedom of Information Act 1982, Section 7(1)(a)(ii) Section 7(1)(a)(ii) A statement of the categories of documents that are maintained in the possession of the agency. Information Management System Nillumbik Shire Council operates a de-centralised records management system. The current records management software package in use for the recording and tracking of documents is SharePoint. Infovision is used for the tracking of files. Central Registry SharePoint is a document management system which commenced incrementally in 2012 and became fully operational in 2014. All documents produced by Council and any incoming mail are to be saved into SharePoint. All program areas have their own sites and then libraries within those sites. There are also datasets for particular documents. Council is currently in the process of securing a new Electronic Document and Records Management System, and it is intended to have this fully operational during 2020. Other Records In addition to the centralised records system several service units maintain their own hard copy and electronic records including but not limited to: Home and Community Care – client files Children’s Services and Maternal & Child Health - client files, including immunisation records Finance Unit – accounts/receipts Infrastructure – parks and gardens and other infrastructure maintenance, plans and drawings and maps, Geographic Information on GIS Governance Unit – registers containing original and copies of Council Minutes Rates, Finance, Planning and Building – Pathway is the current operating system All units – standard operating procedures and records Retention schedules apply to documents held by Council in accordance with the Public Records Act 1973. 14
Nillumbik Shire Council Part II Statement Historically there were 5 types of files maintained by the Information Services Unit: 1. Subject Files Subject files contain information of a subjective nature which is not related to either property or street files. The list of file titles is wide and varied. These files have now been scanned and located under the Legacy area in SharePoint. Subject Files in hard copy have ceased to exist. 2. Street Files These files contain information relating to a specific street or road including but not limited to: Load limits; Street furniture, street signs, nature strip trees, telephone booths, etc; Street construction and maintenance (not program information), road marking, pothole repairs, applications for footpath construction and repair nature strips, kerb and channel; Road closures, temporary or permanent; Parking and traffic management; and Any other matter pertaining to the street including any decision made by Council/Committees and Officers relating to the street. These files have now been scanned and located under the Legacy area in SharePoint. Street Files in hard copy have ceased to exist. 3. Property Files Property files contain information on the technical aspects of the property including but not limited to: Rates – Notices of Acquisition and Disposition, Land Information Certificate Applications and Occupier advice; Valuations – Objections, complaints, Enquiries and Correspondence; Health – Copies of Annual Registrations, Prosecutions, EPA orders included on property files, Registered Premises Applications; Local Laws – Fire Hazard Notices, Prosecution, Unsightly Premises Orders, Animal Registrations and Complaints, Overhanging Tree Orders, etc; and Any decision made by Council/Committees and Officers relating to an individual property. These files have now been scanned and located under the Legacy area in SharePoint. Property Files in hard copy have ceased to exist. 15
Nillumbik Shire Council Part II Statement 4. Contract Management Files Contract Management files contain information in relation to the work leading up to the calling of vendors or request for quotations for the construction and/or maintenance of Council assets. Examples of documents held on Contract Management files include, but are not limited to: Asset location documents; Correspondence between authorities; Letters to and from residents in relation to the proposed works; Plans/drawings; Consultant’s reports and correspondence; and Internal memos (usually in the form of printed emails). These files have now been scanned and located under the Legacy area in SharePoint. Contract Files in hard copy have ceased to exist. 5. Vital Record Holdings A vital records repository is also maintained which contains documents which contain vital information to Council. These include: Council Titles Agreements Leases Contracts In addition to the file types maintained by the Information Services Unit there are also many other file series throughout the Council which are created and maintained by the relevant departments. 6. Other unit specific files Building Files contain all the relevant information relating to building of a property. Building files do not contain any information that would have been stored under the Property file; Planning Files contain all the relevant information relating to the planning of a property. Planning files do not contain any information that would have been stored under the Property file; Recruitment Files: Files managed internally by the Organisational Performance; and Personnel Files: Files managed internally by the Organisational Performance. 16
Nillumbik Shire Council Part II Statement 7. Secondary Storage and Archived Records Secondary and archival records are stored offsite at Grace Information Management. All files and archives that are stored offsite are recorded and tracked via Infovision, spreadsheets as well as Grace Information Management’s Systems. 8. Other file type records Council uses many other programs to manage programs and store records relating to for example, finance, assets, maternal child health and volunteers. Some examples of programs used by Council are: Pathway SharePoint InfoVision Rapid Asset SMEC Expedite CareLink IRIS JD Edwards Power Budget (Magic) Fleet Mex AssetMap QGIS Aurion Contract eTender Pinforce eLumina VM2020 Open Cities 17
Nillumbik Shire Council Part II Statement Principal Records Documents maintained in the possession of Council include: Abandoned or dumped cars Bankruptcy notices Access – Land Use Banners Accident reports Benchmarking Accounts payable/receivable Best Value Reporting Accreditation Billboards – roadside advertising permits Acquisition – (Procurement) equipment, Bins – new, payments, requests, land, fleet, furniture, IT, property replacement Acquisition & Disposal Notices Birth Notices Acts of Parliament Bookings – halls, reserves Addresses – Speeches Boundaries – amalgamation, Councils, Administrative Reporting electoral, review Advertising Building – applications, compliance, Council Advisory Committees/Groups buildings, final inspections, Form 10, MBS Aged & Disability and Aged Care requests, appointments, occupancy permits, Agency Wide Policy/Procedures levy returns, public commercial buildings, Agreements notices Allowances – Councillors Building permits – extension, register, Allowances – Staff permits, complaints, enquiries, specifications Amalgamations Bushfires Animal Management incl permits, Business Classification Schemes complaints, registration, attacks, de-sexing Business Process Mapping – ProMapp Annual Budget Business Registrations – food Annual Reporting Business Unit Plans Annual Statements of Accounts Campaign Donation Returns – Elections Applications – development, enrolments, Candidates – electoral services, burning off, grants, voters lists, Capital Works – budget, progress heritage building, pensioner rebates, road Car parks funding, septic tanks, sporting ground, Car registrations temporary food premises Carers – agreements, payments Appointments – members of committees, Cash – records, ledgers, rebates Council elections, government relations Catering Approved point of discharge – drainage Celebrations, Ceremonies and Functions Asbestos Cemeteries Asset Management Ceremonies Audit Committee Certificates – Occupancy, food handling, sick Australia Day – awards, nominations, leave, training, animal registration celebrations, meetings, permits, committee Charitable Organisations Australia Post Cheques – cancelled, dishonoured, stopped Australian Bureau of Statistics Child Care Authorised Officers Cigarettes – retailers/inspections Awards – community, industrial, local Circulars government, staff Citizen of the Year Award Ballot papers Citizenship ceremonies Banking – fees, cards, guarantees, debit tax, Civic events reconciliation, statements 18
Nillumbik Shire Council Part II Statement Claims – Industrial relations, public liability Council Meetings – Agendas and minutes insurance, vehicle insurance, workers Council meetings – submissions, agenda, compensation deferred items, invitations, minutes, notices, Cleaning inspections notices of motion, questions, reports Client Files Council owned land Closures – roads Council Plans – development, copies Code of Conduct - Staff and Councillors Councillor Communications Committees of Management – halls and Councillors – allowances, entitlements, reserves, membership. Minutes, accounts functions, general, handbook, invitations, Common boundary fencing orientation, register of interest Common seal – register of use Credit notes Community Bulletins Crossovers – inspections, enforcement Community Group of the Year Award Customer Experience Strategy Community Plans Customer Service – developing strategies, Community Resource Guide information management, telecommunication Community Services equipment, telephone calls Compensation – legal, OH&S Daily work sheets – Operations Centre Complaints Dangerous dogs – notification, records, Complaints – air pollution, health, animal registration control, general, noise, graffiti, ombudsman, Database management routine, street lighting OH&S Debt collection Compulsory fire clearances Debtor listings, reports and collection Compulsory land acquisitions Deceased Animal – animal registration Computers – use of Delegations of Authority Conferences – arrangements, attendance, Delivery dockets catering, duplicates, invitations, staff Demolition documents and permits development, reports Depot Works After Hours requests Confirmation of ownership (rates) Notices of Depreciation Acquisition and Notices of Disposition Development Plan – Strategic Planning Conflict of Interest Register Development Plans – planning Conservation – information management, Dial before you dig property Digital signatures Construction – Council owned buildings Direct debit Construction of Council assets Disabled Parking Permits Contaminated Land Discontinued Roads Contract Management Guidelines – OH&S Disposal – fleet, property, equipment, stores, Contract Payment Summaries IT, telecommunication equipment Contractor registers Donations and grants Contracts – summary of tenders, register Drainage – building, cleaning construction, Council buildings – building of, construction maintenance and maintenance Dumped rubbish, litter, Council buildings – general, use Early Years Council elections – applications for Easements – creation enrolment, appointments, ballot papers, Economic Development campaign donations, candidates, counting of Education – pet ownership votes, declarations, donations, extraordinary, Elections – Council, advertising, failure to vole, final results, how to vote appointments cards, late returns, list of non-voters, Electoral boundaries – establishment, nominations, non-voting excuses, notices of reviews appointment, candidature, organisation, Emergency Management – community polling booths, postal votes, prosecutions, education support, planning, response, publicity, results, returning officer, polls, plans, support eligibility, voters list, voters roll, Employment enquiries infringements Enforcement – animal management, Council facilities – fees and charges, elections, food, illegal dumping, littering, memberships planning permits, rates, traffic 19
Nillumbik Shire Council Part II Statement Enquiries – fencing, planning, public Illegally Dumped Waste – Collection reaction, submissions and complaints Immunisations Enterprise Bargaining Agreements Impounded Vehicles Environment – pest control Impounding Animals & Notices Environment Grants Induction Courses Events – invitations, permits, support media Infectious Disease Excess animal permits Infringement Appeals – Cat and dog Executive Management Team – Meetings Registration Exhibitions Infringement Appeals – Parking Expressions of interest – tenders Insurance – Property, fleet, claims, External committees renewals, policies, professional indemnity, External Committees – Agendas and public liability minutes Interest Generated – Rate Reports Family Day Care Internal Meetings – Agendas and minutes, Fencing reports, submissions Festivals Investments Financial Receipts and Statements Invoices Fire Hydrants – installation, markers Job Advertisements Fire prevention – enforcement, notices Job Safety Analysis – OH&S Fire Wardens Job Safety Analysis – Worksheets First Aid – registers, kits, usage, Kennel Registration and compliance Fleet management Kerb and Channel – Maintenance Flood Level Certificates Kindergarten Applications and Enrolments – Food – business registration, enforcement, Summary Records, placement officers handling certificates, poisoning, premises Land – Exchange of Ownership – Roads applications, audits, inspections, recall Land – Purchase and sales notices, regulations, safety plans, sampling, Land Information Certificates selling at events, stalls, transport vehicles Land Tax Footpaths – complaints, trading, building of, Landfill Sites – Operational Management, enforcement, inspections, maintenance rehabilitation, security, water management Forms Landslip Reports Freedom of Information registers and Leasing requests and documents Legal Advice Fringe Benefit Tax (FBT) – Council and Legal Services personnel Legislation – Government Relations Funding Legislation – Liaison - Direct relation to Fundraising Council General Ledgers Leisure Centres Goods and Services Tax (GST) LGPA Local Government Town Planners Government wide policy Group Graffiti – inspections, complaints, removal Library services Grants – Applications - Licence – Liquor Green Waste collection Licence – Telecommunication Equipment Hairdressers – complaints, registration, Littering – Enforcement applications Livestock – Destruction / Putting Down Halls – bookings, cleaning Local Laws Handbooks – Councillors Magazine – Subscription Hard waste collection Mail Management Hazardous substance/waste Maintenance – Equipment and Stores Health Inspection reports Maintenance – Fleet Management Health Premises Maintenance – Playground Equipment Heritage Buildings – Amended Applications, Maintenance – Playground Graffiti applications, final inspection, notifications, Maintenance – Property occupancy permits Maintenance – Service Infrastructure Home and Community Care – applications, Maintenance – Telecommunication assessment, funding, services, funding, Equipment 20
Nillumbik Shire Council Part II Statement Permits – Demolition Maintenance of Council assets Permits – Excess Dogs / Cats Maintenance Records – Vehicles Permits – Festivals Marketing Permits – Fire Master Control Records Permits – Roadside Advertising Material Safety Data Sheets Permits – Roadside Signage Maternal & Child Health Permits – Roadside Trading MCH Permits – Statutory Registers of Building Meals on Wheels Permits Media requests and relations Permits – Tree – Removal Member Organisations Permits – Vehicle Crossing Memberships – Council Facilities Personnel files Memberships – To external Organisations Pest Control – Environmental Memorandums of Understanding Petitions – Register Memorials Petty Cash Records Metadata Photos – Permissions to use Microchipping Piggeries – Applications Municipal Association of Victoria Planning – General Enquiries Name and Address Amendment – Planning – Studies Ratepayers Planning Permit – Prosecutions Names – Roads and streets Planning Permit – Revocations NAR Forms – Ratepayers Planning Permits - Appeals Nature strip Planning Permits – Enforcement Needle / Sharps / Syringes Planning Permits – Liaison New Residents Kits Planning Permits – Register New Title Details Planning Scheme – Amendments Noise – Complaints Planning Scheme – Delegations Notice Boards – Community Planning Scheme – General Notices of Motion – Council Meetings Planning Scheme – Legislation Notices to comply Planning Scheme – Rezoning – Approved – Notification of Appointment No Scheme Amendments Occupancy Permits – Building, classes 1b, Planning Scheme – Rezoning – Approved – 3a-f, Class 5, class 6a-d, Class 7b, Class 8, Scheme Amendments Classes 9a-c, heritage buildings and Planning Scheme – Rezoning – Not temporary building Approved Occupational Health & Safety – air testing, Planning Scheme – Rezoning – Revoked audits, committees, computers, contract Plaques – Memorial management, contractors, hearing tests, job Policy – Administration safety analysis, noise assessment, routine Postal Votes – Council Elections workplace inspections and incident reports Pound Ombudsman – Complaints and Preschool – All records correspondence Press Releases Orders Notices & Certificate Files Privacy – Information Management Outstanding Balance Reports - Rates Procedures Parking – Complaints and infringements Project Management Parking Permits – Disabled Property – Rental Parks – Planning Property – Valuations Payments – development contributions Prosecutions – Local Laws Payroll Public Toilets PBS Private Building Surveyor Publications Penalties – Failure to Vote Council Elections Publications – Articles, copyright, corporate Pensioner – Concessions and rebates style, Permits - Animal Publicity – Advertising, elections, liaison Permits – Australia Day Celebrations Purchase – Orders Permits – Burn off Questions – Council Meetings Permits – Collecting Money for Charity Quotes 21
Nillumbik Shire Council Part II Statement Roads – Maintenance, Road Opening Rates – Abandonments Permits Rates – Certificates, change of address Roads – Reserve Permit details, deferment, direct debit audit reports, Roads – Signs enforcement, establishing rates, farmland, Roads – Speed Limits farmland classifications, general, liaison, Roads – VicRoads – Claims interest generated, legislation, non-rateable Roads – VicRoads Funding properties, outstanding balance reports, Roadside Advertising – Permit payment audit reports, payments direct Roadside Signage – Permit debit, payments, outstanding penalties, Roadside Signs – Permits property owners, rating rounds, refunds, Roadside Trading – Permits reports, sale of properties, separate, special Rosters – Home Care charge schemes, Title searches Rubbish – Collection Recall – Food / Product Notifications Salaries – Payment Processing Receipts Reports - Committee Meetings Sales Tax Receivership Notices School Crossing Supervisors Reconciliation – Bank School Crossings Record Management Systems Security – Equipment and Stores Recruitment Senior Citizen of the Year Award Refunds – Rates Septic Tanks Register – Authorised Officers Service Requests Register – Planning Permits Sewage Register – Security Pass Smoking – Restrictions Register – Tenders Received Social Clubs – Staff Development Registration – animal SPAM Registration – Fleet Vehicles Special Charge Schemes Registration – Food Business Special Charge Schemes Remuneration Registers Speeches Rental – Council owned Sporting Facilities – Hire Renting – by Council Sports Ground – Hire and Maintenance Renting – from Council Sports Ground Pavilion Inspections Representations Representatives - OHS Staff development Requests – Building Information Request Staff Meetings from a Building Surveyor Statutory Council Meetings Requests – House Plans Strategic Management Requests – Information - General Strategic Planning Requests – Invoices Street – Lighting Resurfacing – Infrastructure Maintenance Street – Tree Planting Retaining Walls Street Numbering Returning Officer Correspondence Street Stalls – Permits Risk Management – OHS Structural Maintenance – Public Buildings Risk Management – Strategic Management Study Leave Road Funding Subdivision Files Road maintenance – Grading Submissions – Council Meetings Roads – Accident Reports Submissions – Government Relations Roads – Building of Subpoenas – Legal Discovery Process Roads – Closure Permits for Public Events Subscriptions Roads – Closures Subsidies Roads – Closures - Discontinuations Summary of Tender Contracts Roads – Closures - Events Sundry Debtors Roads – Construction Supplementary Valuations Roads – Discontinued Supplementary Valuations – Details Roads – Exchange of Land Ownership Surveys Roads – Improvements - Maintenance Swimming Pool – Council facilities Roads – Maintenance Swimming Pool – Residential Roads – Maintenance - Work Requests Tax – Land 22
Nillumbik Shire Council Part II Statement Temporary Food Applications Unsightly Premises Tendering/Procurement Usage – Vehicle Reports Tennis Courts – Building of Valuations - General Thank you letters Vehicle – Fleet Title Search Vehicle infringements Tourism – General Vic Roads Town Planning Volunteer of the Year Award Traffic – Counts Volunteers Traffic – Management Waste Collection Traffic Signals Waste Management Training – Attendance / Certificates Water Training – Material Water Accounts Transfer of Land Water Authority – Notice of Access Transfer of Ownership – Animal Registration Wedgetails Travel Register Weeds – Management Tree – Removal – Permit Work Orders Tree Lopping – By Council Staff Workplace Agreements Tree Planting – Streets Young Citizen of the Year Award Trust Accounts – Audit – Major Changes 23
Nillumbik Shire Council Part II Statement Statement 3 –Freedom of Information Arrangements Freedom of Information Act 1982, Section 7(1)(a)(iii),(v),(vi) Section 7(1)(a)(iii) A statement of the material that has been prepared by the agency under Part II of the Act for publication or for inspection by members of the public, and the places at which a person may inspect or obtain that material. Section 7(1)(a)(v) A statement of the procedure to be followed by a person when a request for access to a document is made to the agency. Section 7(1)(a)(vi) A statement designating by name the officer or officers responsible within each agency for the initial receipt of and action upon, requests for access to a document. Freedom of Information What is Freedom of Information? The FOI Act gives the public a legal, right of access to documents 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 FOI Act not only 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 FOI Act also gives an individual the right to request that incorrect or misleading information held by an agency about the individual be amended or removed. What Information is available? Any person has a right to apply for access to documents held by Council, which are covered by the FOI Act. This includes documents created by Council, and documents supplied to Council by an external organisation or individual. You can apply for access to documents regardless of the age of the documents, and other documents held by Council, not older than 1 January 1989. Do I need to use Freedom of Information to access documents? Many documents are available outside the requirements of the FOI Act. In these instances the request will not be processed under Freedom of Information (FOI). Information which you may obtain without an FOI application includes information which is available publicly, such as on a public register and information which is available for purchase. How do I make a request under Freedom of Information? You can make a request, or you can authorise another person to make a request on your behalf. If you want someone to make a request on your behalf for your personal information, you must give that person your written authorisation. 24
Nillumbik Shire Council Part II Statement Applications under FOI must be in writing, stating very clearly the specific information that you are requesting and include the application fee which is not refundable. Application fees and Access Charges are calculated in accordance with the Freedom of Information (Access Charges) Regulations 2014. How long does it take to receive documents under Freedom of Information? The timelines for processing a Freedom of Information request are governed by the FOI Act. A decision must be made as soon as possible but within 30 days when a request is valid in accordance with section 17 of the FOI Act. The 30 day timeframe maybe extended by 15 days when consultation is required in accordance with section 21(2)(a) of the FOI Act. Section 21(2)(b) of the FOI Act allows for the timeframe to be extended by a period of not more than 30 days, as agreed by the applicant. Part 1B – section 6U(1) of the FOI Act allows for the Information Commissioner to develop professional standards that Council must comply to. The professional standards that came into effect on 2 December 2019 outline additional timeframes in which Council must: seek to clarify a request that does not comply with section 17 of the FOI Act; and request an access charges deposit Timeline for processing a Freedom of Information request Council receives •Assesment of request request Council clarifies •Within 21 days request with •Multiple requests to clarify may be applicant if required required Council confirms the request with •30 day processing timeframe applicant commences (acceptance letter) Council requests access charges •Within 21 days of acceptance letter deposit from •30 day decision making clock resets when access applicant if charges deposit has been received required Advise applicant if consultation is •additional 15 days maybe required with third added to the processing parties in timeframe accordance with the FOI Act Decision letter to •documents may be held applicant within for 70 days subject to 30/45 days third party appeal rights 25
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