Information on Governance at Moorabool Shire Council including information on Public Documents Inspection Register, Freedom of Information, Meeting Procedure Local Law No.9, and Protected Disclosures (Whistleblowers).
Freedom of Information
The Freedom of Information Act 1982 provides you with a legal right to access documents in the possession of the Council.
The FOI Act gives you:
- The right to access documents about your personal affairs and the activities of government agencies; and
- The right to request that incorrect or misleading information held by an agency about you be amended or removed.
Requests for access to information under the FOI Act should be made in writing by completing the Request for Access to Documents form and submitting it to:
Freedom of Information Officer
Moorabool Shire Council
PO Box 18, Ballan, VIC 3342
or via email to email@example.com
Download a Request for Access to Documents form (DOCX, 372.25KB)
Download a Request for Access to Documents form (PDF, 29KB)
For assistance in completing a request for access to documents visit foi.vic.gov.au.
Frequently Asked Questions
How do I make a Freedom of Information request?
Requests for access to information under the Freedom of Information Act should be made in writing by completing the Request for Access to Documents lodgement form.
What are the fees associated with a Freedom of Information Request?
There are two costs associated with making a Freedom of Information request.
- An Application Fee
- Access charges
To learn more about these fees visit foi.vic.gov.au.
How will my Freedom of Information request be processed?
To learn more about the Freedom of Information process visit foi.vic.gov.au
Public Document Inspection Register
Council makes a range of documents available for public inspection, as governed by The Local Government Act 1989 and the Local Government (General) Regulations 2015.
Members of the public may inspect:
The Register of Interests
The Register of Interests enables both the council member and the electors to be aware of and to assess whether there is a particular conflict between private interests and public duties.
The Chief Executive Officer must maintain a register of interests of councillors, special committee members and nominated officers, and that a person wishing to view the register must make a written application to the Chief Executive Officer, by completing the form Application to Inspect Register of Interests.
The Chief Executive Officer must take all reasonable steps to ensure that no person other than a person who has made application has access to or is permitted to inspect the register. (S81(12))
A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register. (S81(13))
The Prescribed Documents Register
Prescribed documents are those which are not published on the Council’s website however are available for inspection upon written application. Any person wishing to view prescribed documents must make a written application to the Chief Executive Officer, by completing the form Application to Inspect Prescribed Documents.
Frequently Asked Questions
What prescribed documents are available for inspection?
The following prescribed documents are available:
- 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;
- 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;
- 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;
- 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;
- 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;
- a register maintained under section 224(1A) of the Act of authorised officers appointed under that section;
- 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.
How do I apply to view the Register of Interests and Prescribed documents?
Any person wishing to view Register of Interests must make a written application to the Chief Executive Officer by completing the Application to Inspect Register of Interests form.
Download an Application to Inspect Register of Interests form (DOCX, 73.41KB)
Any person wishing to view Prescribed Documents must make a written application to the Chief Executive Officer by completing the Application to Inspect Prescribed Documents form.
Download an Application to Inspect Prescribed Documents form (DOCX, 73.52KB)
What am I entitled to do with a prescribed document?
Section 22 of the Local Government Act 1989 entitles a person to inspect a prescribed document and to make a copy of a prescribed document.
A Council may fix reasonable fees for the inspection and copying of a prescribed document.
Meeting Procedure Local Law No.9
The Council's power to make this Meeting Procedure Local Law No.9 (DOCX, 177.26 KB) is contained in sections 5, 91(1) and 111(1) of the Local Government Act 1989.
The purpose of this Local Law is to:
a) regulate proceedings and provide for orderly and fair conduct at all Council Meetings, Special Committee Meetings and Advisory Committee Meetings.
b) provide for the administration of the Council’s powers and functions;
c) regulate proceedings for the election of the Mayor/Deputy Mayor and Chairperson/Deputy Chairperson of the committees referred to in (a) above;
d) regulate the use and prohibit unauthorised use of the common seal or any device resembling the common seal; and
e) revoke Council‟s Meeting Procedure Local Law No 8 effective 3 June 2009.
Protected Disclosures (Whistleblower)
Moorabool Shire Council is a public body subject to the Protected Disclosures Act 2012 (“Act”). The purpose of the Act is to encourage and facilitate the making of disclosures of improper conduct by public officers and public bodies, including Moorabool Shire Council, its staff, employees and Councillors. Moorabool Shire Council is committed to the aims and objectives of the Act. It recognises the value of transparency and accountability in its administrative and management practices, and supports the making of disclosures that reveal improper conduct. It does not tolerate improper conduct by the organisation, its employees, officers, or Councillors, nor the taking of reprisals against those who come forward to disclose such conduct.
WHAT CAN DISCLOSURES BE MADE ABOUT?
The purpose of the Act is to encourage and facilitate the making of disclosures of improper conduct and detrimental action by public officers and public bodies. It does so by providing certain protections for people who make a disclosure, or those who may suffer detrimental action in reprisal for making a disclosure. An essential component of this protection is to ensure that information connected to a protected disclosure, including the identity of a discloser and the contents of that disclosure, are kept strictly confidential.
A disclosure may be made about 2 things under the Act:
- improper conduct of public bodies or public officers; and
- detrimental action taken by public bodies or public officers in reprisal against a person for the making of a protected disclosure.
The Act provides definitions about improper conduct and detrimental action. For more information about what those terms mean, see the Council’s Protected Disclosure Procedures (see further below about “how to make a disclosure” about how to access or obtain a copy of those procedures). You may also find more information about protected disclosures from the website of the Independent Broad-based Anti-corruption Commission (“IBAC”), at: http://www.ibac.vic.gov.au/reporting-corruption/what-is-a-protected-disclosure(link is external)
If the Council believes a disclosure may be a protected disclosure made in accordance with the Act, it will notify the disclosure to the IBAC for assessment. The IBAC will then deal with the disclosure.
WHO CAN MAKE A DISCLOSURE?
Any individual natural person (e.g., not an organisation or company) may make a disclosure under the Act. The individual could be a person within the organisation, or any member of the public externally. Individuals may also make a joint disclosure.
Disclosures may be made in a number of ways set out in the Act, including anonymously, in writing or orally. You need not identify the person or body about whom the disclosure is made in order to make a disclosure under the Act.
HOW TO MAKE A DISCLOSURE
As required under the Act, Moorabool Shire Council has established procedures to facilitate and encourage the making of disclosures under the Act and how the Council handles any such disclosures received. (“Protected Disclosure Procedures”). The Council’s Protected Disclosure Procedures is downloadeable. The Council’s Protected Disclosure Procedures contain detailed information about who can receive disclosures, for example, the Council, the IBAC and the Ombudsman, and how you can go about making such disclosures to us or to those bodies.
If you are not able to access an online copy or would like a copy sent to you, please contact Chief Executive Officer, Protected Disclosure Principal Officer at Moorabool Shire Council so we can provide you a copy of our Protected Disclosure Procedures.
Moorabool Shire Council takes its obligations under the Act seriously. This includes the requirement to protect the identity of the discloser and the matters disclosed by a discloser. Maintaining confidentiality in relation to protected disclosure matters is crucial, among other things, in ensuring reprisals are not made against a discloser. It is a criminal offence under the Act to disclose information connected with a disclosure made in accordance with the Act, including the identity of the discloser. The penalties for breaching confidentiality obligations include financial penalties and imprisonment.
FOR MORE INFORMATION
The Council has appointed the Chief Executive Officer as Protected Disclosure Principal Officer to handle enquiries about its obligations under the Act. The Chief Executive Officer may be contacted on 5366 7100 or by email firstname.lastname@example.org if you wish to obtain further information about the Council’s protected disclosures policy or procedures, or if you wish to arrange a confidential meeting to discuss any matters of concern.