The Freedom of Information Act 1992 (FOI Act) extends as
far as possible the right of the community to have access to information held
by council. Subject to the Act, applicants have the right to
access most documentation held by the Bundaberg Regional Council.
Documents include paper, microfiche, print-outs, computer records,
electronic documents, visual material (for example, films, photographs) and
audio-visual material.
Under the FOI Act some documents or parts of documents are exempt, to
protect essential public interests or the personal or business affairs of
others. For example, council may not release the name and address of a
complainant.
Full details of exemption categories are contained in the Freedom of
Information Act 1992. Visit the Queensland
Government's legislation website to view the Freedom of Information
Act 1992.
For more information please view the Council's
Freedom of Information Statement of Affairs Document
How to make an application
Applications must be made in writing and should provide sufficient
information to allow the identification of the documents you are seeking.
It is recommended that you contact your Local Council and speak with the freedom of
information officer prior to submitting an application. This may result in
reduced processing time, and therefore savings to you in processing charges.
Cost of an application
There is an application fee of $38.00 for most requests as well as
charges for making copies of the document. Processing charges of $5.80 per 15
minutes, or part thereof, may also apply.
In certain circumstances processing charges may be waived where proof of
financial hardship is provided.
Lodgement and payment of applications
Applications, with the required application fee, can be lodged in two
ways:
- By post, addressed to:
The Chief Executive Officer
Bundaberg Regional Council
Attention: FOI Decision Maker
- Personally, between the hours of 8:15am and 4:45pm at any Council Office
Proof of identity
Proof of identity will be required when seeking documents relating to
your personal affairs. This can be provided as set out in the FOI Application
Form.
Similarly, council documents which are already available for release in
accordance with other legislation or administrative arrangements for a fee or
at no cost, are consequently not available for release under FOI Act
provisions.
Processing the application
The application will be acknowledged within 14 days of receipt. A
preliminary estimate of charges that will be payable in addition to the
application fee will also be provided.
FOI applications are generally processed within 45 days of receipt.
Disclosure of documents
Documents of substantial concern to a third party (Section
51) may not be released until consultation with the third party occurs in
cases where the documents sought could reasonably be of substantial concern to:
- a government
- an agency (a department, local authority or public authority)
- a person
This consultation may increase the length of time taken to finalise the
application.
Applicant's rights of appeal
If you are not satisfied with a decision on your application, you have
the right to ask for a review.
The initial form of appeal is by way of an internal review, and you
should submit a written request to council's Chief Executive Officer for the
review within 28 days of becoming aware of the decision. An officer senior to
the original decision maker will carry out the review and inform you of the
outcome within 28 days.
If, after the internal review, you remain dissatisfied with council's
decision you may apply in writing for a further review to the Office of the
Information Commissioner (OIC). The following options are available to
you:
- telephone if
you have questions about an external review or would like a copy of the
OIC brochure on Freedom of Information or Information for External Review
Participants
- visit the OIC Website for Information Sheets and link to the FOI Act
- email your
application for external review if you are able to attach all relevant
documents and correspondence
Queensland Information Commissioner contact details are listed on the OIC Website
You will be given
more detail about your rights to internal and external review when you are
advised about the outcome of your particular request.
