Freedom of Information
The South Australian Freedom of Information Act 1991 (FOI Act) gives you a legal right to request access to any documents held by any ‘agency’ that the FOI Act applies to. An ‘agency’ includes South Australian State Government Agencies, Local Government Councils and South Australian Universities.
Applications for access to documents must be made in writing in accordance with Section 13 of the FOI Act and be lodged with the agency that holds the documents e.g. if you are seeking to access police records, you would lodge your application with the South Australia Police.
Requesting Access to Documents
When making an FOI application, you will need to provide enough information to enable the correct documents to be identified. If you are uncertain, it is recommended that you contact the relevant agency’s FOI Officer for assistance e.g. District Council of Ceduna, Freedom of Information Officer.
If you are seeking documents relating to your own personal affairs, you may be asked to provide proof of your identity. If you are seeking access to documents on behalf of another person relating to their personal affairs, you may be asked to provide written consent signed by that person.
Access to documents can be provided in different ways, depending on how the information is stored. The different ways you can access documents include:
- inspecting documents
- requesting a copy of documents
- hearing and viewing audio and video tapes.
Advice about how you would like to access the documents should be included in your FOI application.
How much does a FOI application cost?
There is an FOI application fee that must be paid to the agency that holds the documents at the time you lodge your application.
Processing charges may also be applicable. The agency will advise you of these charges once it receives your application and begins processing it. The District Council of Ceduna has a $43.30 fee for FOI Applications.
Further information about fees and charges applicable under the FOI Act can be found in the Freedom of Information (Fees and Charges) Regulations 2018 and the annual Fees Notice.
Processing Requests for Access to Documents
After receiving your application, the agency is required to deal with it in accordance with the requirements of the FOI Act and provide you with a written decision. This is called a Notice of Determination. The Notice of Determination will include the agency’s decision in relation to your request and, if access has been refused in full or in part, the reasons why this has occurred. The agency will advise you of your rights of review and appeal if you are unhappy with their determination.
How long will it take?
A request for access will be dealt with within 30 calendar days of it being received.
In certain circumstances the agency may extend the timeframe for dealing with your application under section 14A of the FOI Act. The agency will advise you within 20 calendar days if an extension is necessary, and why.
If the agency has not extended the timeframe for dealing with your application and you do not receive a determination within 30 calendar days, the legislation deems that the agency has refused your application. If this is the case, you are entitled to lodge an application for review. For further information you should speak to the FOI Officer at the agency you lodged your FOI application with.
Further information
For questions specifically related to your application, contact the agency that holds the documents you wish to access, and ask for the agency’s FOI Officer or Unit.
If you want more information about how FOI operates in South Australia, please visit https://www.sa.gov.au/topics/about-sa/government/FOI-application#whatyouneed
You can also download a free copy of the Freedom of Information Act 1991, Freedom of Information (Fees and Charges) Regulations 2018, and Fees Notice from the South Australian legislation website at www.legislation.sa.gov.au.
Freedom of Information Application Form
Requests under the Freedom of Information Act 1991 for access to documents in the possession of Council should be accompanied by a $43.30 application fee and directed in writing to:
Freedom of Information Officer
District Council of Ceduna
44 O'Loughlin Terrace
CEDUNA SA 5690
Email: council@ceduna.sa.gov.au
Additional search fees may apply to requests where substantial time is involved to access the required documentation.
All general enquiries on Freedom of Information Act issues should be directed to the Freedom of Information Officer at the Council Administration Office, telephone (08) 8625 3407.
Information Available to the Public
Council is regulated under several Acts, and/or is required to provide Information under other Acts. A listing of Acts and Plans that Council operates under is as detailed:
*Regulations & Plans Local Government Act
*Freedom of Information Act
*Building Code of Australia
*Public & Environmental Health Act
*Real Property Act
*Food Act
*Housing Improvement Act
*Environmental Protection Act
*Parking Regulations
*Dog & Cat Management Act
*Development Act
*Strategic Plan
*Ceduna Development Plan
*Eyre Development Plan
Documents Available
The following documents are available for public inspection at the Council Office free of charge. Current minutes and excerpts from the Annual Reports & Strategic Plan are also available on this website. Members of the public can purchase documents in a hard copy format from the Council office for a fee:
*Council & Committee Agendas
*Council & Committee Minutes
*Policy Manual
*Annual Report
*Strategic Plan
*By-laws
*Register of Elected Members - Allowances and Benefits
*Register of Employees' Salaries & Wages and Benefits
*Assessment Book
*Register of Public Streets and Roads
*Register of Fees and Charges levied by Council
*Supplementary Development Plans previously on exhibition
*Development Application Register
*Financial Statements