The Freedom of Information Act 1992 gives the public the right to apply for access to documents held by the City of Stirling (subject to some limitations). It is an individual’s responsibility to ensure that personal information held by the City is accurate, complete and up-to-date.
Documents accessible under the Freedom of Information Act (FOI) include (but are not limited to):
- Paper records
- Maps, plans and drawings
- Electronic records including emails
- Access rights do not apply to documents that are already publicly available.
While the FOI Act provides a general right of access to documents, it also recognises some documents require a level of protection; specifically those documents that meet the exemption criteria in Schedule 1 of the Act, which includes (but is not limited to):
- Personal information that identifies a third party
- Information concerning trade secrets
- Information of commercial value
- Any documents, which if released, would have a detrimental effect on the functioning of the City or would harm the interests of private individuals or commercial organisations.
More examples of exemptions can be found on the Office of Information Commissioner website.
The FOI Act enables access to documents. It cannot produce documents under FOI that do not exist. For example, responses to queries. Any questions about the City should be directed through the General Query form.
Information statement and application process
FAQs
This is not supported by FOI.
A person can request the owner details of an adjoining property subject to completing a statutory declaration stating the reason or purpose for the request (some conditions apply).
Plans are subject to copyright and cannot be copied without the owner’s consent.
Section 27 provides for the agency to allow access by viewing but any internal layout detail is required to be redacted as per Clause 5 of the FOI Act.
- Section 27- ways in which access can be given (1) Access to a document may be given to the applicant in one or more of the following ways: (a) by giving a reasonable opportunity to inspect the document. (2) If the applicant has requested that access to a document be given in a particular way the agency has to comply with the request unless giving access in that way (b) would involve an infringement of copyright belonging to a person other than the State, in which case access may be given in some other way.
- Schedule 1 (Clause 5) - law enforcement, public safety and property security (1) The matter is an exempt matter if its disclosure could reasonably be expected to - (e) endanger the life or physical safety of any person (f) endanger the security of any property.
This information is considered personal information about a third party and is exempt under Clause 3 of the FOI Act.
- Schedule 1 (Clause 3) - personal information. The matter is an exempt matter if its disclosure would reveal personal information about an individual (whether living or dead).
This information is considered personal information about a third party and is subject to Clause 3 of the FOI Act.
- Schedule 1 (Clause 3) - personal information. The matter is exempt matter if its disclosure would reveal personal information about an individual (whether living or dead).
The intent of the FOI Act is to provide documentation, not to answer specific questions; these can be directed to the relevant business unit for a response.
