Right to information and Information Privacy
Under the Right to Information Act 2009 any person has the right of access to most documents held by us. Documents held by us include paper files, microfiche, print-outs, computer records, files, visual material, and audio recordings.
- Making an Application
- Fees and Charges
- Third Party Consultation
- Lodgement and Payment
- Information Privacy Amedments
- Appeal Rights
- Further Information
- Publication Scheme
- Disclosure Log
- Lodge a Request.
Applications must be made by completing the attached application form. Information Privacy applications must provide sufficient information to enable the identification of the documents requested as well as certified identification of the applicant, e.g. driver's licence, birth certificate etc. within 10 business days of lodging the application. Council's RTI Officer will determine if the information or document requested is available under the provisions of the Right to Information Act 2009.
Applications relating to 'personal information' do not require an application fee.
You will be given notices outlining:
- That you are required to pay a charge
- What the estimated charge may be
- What the basis is for calculating the estimate
- That you can consult with the agency to amend the application in order to reduce the charge
- That you must agree in writing to pay the application charge, withdraw or request waiver of charges on the grounds of financial hardship.
Council has 25 business days in which to provide applicants with a decision regarding access for information. There are some factors that can alter this limit as per S.69 of the Act.
Applying for Right to Information is a last resort to gain access to documents from council. Please contact the RTI Officer before lodging an application to see if access to the documentation can be accessed administratively.
For Fees and Charges please refer to the Right to Information website, or can be also located in the Justice Legislation (Fees, Allowances and Other Amounts) Amendment Regulation 2020.
If the documents requested contain information which may reasonably be expected to be of concern to a government, agency or relevant third party then the documents may not be released until consultation with the third party occurs. Should consultation be required, a further 10 business days is added onto the timeframe to allow for this.
Applications can be submitted in the following forms:
|By post addressed to:
|In person at:
Chief Executive Officer
34 Gray Street
Council Office opening hours are Monday to Friday, 8.30am to 5.00pm
Payment can be made in the following forms:
- Cheque - crossed, marked 'not negotiable' and payable to Flinders Shire Council
- Eftpos and Credit Card payment
- Cash (do not send through mail)
A person may apply to council for an amendment of information relating to their personal information that they claim is inaccurate, incomplete, out of date or misleading.
An application for an amendment of information must be done with the application form for Information privacy amendment and identify what information they claim is inaccurate, incomplete, out of date or misleading. The application should also state the amendments necessary for the information to be accurate.
If you are unhappy with a decision by council you may apply for internal review or external review to the Information Commissioner.