Request Number: 583
Doc No: D24/184644
John Smith
Pascoe Vale South
Delivered via ‘Right to Know’ website
Dear John Smith
Your freedom of information request is unclear and requires clarification
I refer to your Freedom of Information request first received on 18 November 2023. You submitted the
fol owing request:
I am submitting a comprehensive request under the Freedom of Information Act 1982 for the
disclosure of information concerning the Merri-bek City Council’s discussions and actions on
several key matters. Specifically, I am seeking access to:
1.
Al correspondence, including emails, letters, and memoranda, exchanged between
executives and councillors discussing the Gaza crisis.
2.
Records of meetings, minutes, or reports related to discussions and decisions made by
the council regarding the Gaza crisis.
3.
Al instances of antisemitic comments made by staff, executives, council ors, and
residents, with details of the comments and actions taken by the council in response.
4.
Correspondence, including extracts from secure chat applications such as WhatsApp,
between council ors, the CEO, and executives concerning the Gaza crisis.
5.
All correspondence, including emails, letters, and memoranda, discussing the decision
to raise the Palestinian flag.
6.
Records of meetings, minutes, or reports related to the decision-making process and
discussions leading to the raising of the Palestinian flag.
7.
Any communication between executives, council ors, and staff regarding the logistics,
public response, and any associated costs of raising the Palestinian flag.
8.
Documents outlining the council’s official stance, policies, or guidelines related to the
display of flags, specifically the Palestinian flag.
9.
All correspondence, including emails, letters, and memoranda, discussing the council’s
support for Hamas.
10.
Records of meetings, minutes, or reports related to discussions and decisions made by
the council regarding support for Hamas.
11.
Any documentation outlining the council’s stance or policies on supporting
organisations, specifically Hamas.
12.
Information related to the awareness and consideration of potential breaches of the
Criminal Code Act 1995 and Division 102 in the council’s support for Hamas.
13.
All financial records related to security measures for the protection of staff and
council ors who voted against the raising of the Palestinian flag.
14.
Financials and time allocations related to the council’s support for Hamas, including
expenses covered by ratepayers.
15.
Records of discussions or decisions made concerning Jewish residents and businesses
in the municipality, including any financial implications.
You also stated the fol owing:
I understand that certain information may be sensitive or confidential, and I request that any
redactions be clearly justified in accordance with the relevant provisions of the Freedom of
Information Act. If possible, please provide the information in electronic format.
I appreciate your attention to this matter and look forward to a timely response within the
statutory timeframe stipulated by the Freedom of Information Act. Should there be any fees
associated with processing this request, please inform me in advance.
Clarification required
I have examined the terms of your request and have determined that I require clarification to process
your application. Section 17(2) of the
Freedom of Information Act 1982 (VIC) (FOI Act) requires that a
request for access to documents contain sufficient information concerning the documents to which
access is sought to enable an officer to identify the relevant documents. Without further clarification it
may not be possible to identify all the documents which you are seeking to access to.
In its present form, I consider that your request does not meet the requirement provided for in section
17 of the FOI Act because:
1. A specific date range is needed for your request
2. Council’s understanding of your term ‘executive’ (point 1) needs to be confirmed
3. Further information is needed for point 12 to identify the documents you are seeking
This means we cannot start processing your request until you give us more information about your
request.
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1. A specific date range is needed for your request
A specific date range, including a start date and a finish date is needed for your request. My
understanding of the start date range is 7 October 2023, when the current conflict in Gaza started. My
understanding of the end date is 18 November 2023, when you submitted your request.
Would you please confirm if my understanding of the specific date range of 7 October 2023 to 18
November 2023 is correct?
2. Council’s understanding of your term ‘executive’ (point 1) needs to be confirmed
I refer you to Council’s website for the CEO and Executive Team, via the fol owing link:
CEO and
executive team (merri-bek.vic.gov.au)
My understanding of your term ‘executive’ is Cathy Henderson, CEO of Merri-bek Council, and the
Directors of the 4 branches of Council who report directly to the CEO
Would you please confirm if my understanding is correct?
3. Further information is needed for point 12 to identify the documents you are seeking
For a request to be valid under Section 17 of the FOI Act, it must clearly identify the documents you are
seeking. Your request is for information, rather than documents. My understanding is that you are
seeking information outside of the FOI Act.
Would you please confirm if my understanding is correct?
Further Information – No documents exist for points 9-11 and 14.
I note you are seeking documents for Council’s support of Hamas, or for supporting organisations,
specifically Hamas for point 14. You have requested correspondence, emails, meeting minutes, policies,
etc.
I have taken ‘support’ to mean any financial, material, practical or promotional assistance that uses the
resources of Council or its Officers.
Council does not support Hamas in anyway; therefore, no documents exist for points 9-11 and 14 for
your request.
Information is available outside of the FOI Act for point 8
In the interests of transparency, Council has published information on its website regarding Council’s
official policy relating to the display of flags. The Civic Flag Policy and the Civic Flag Policy 2020 –
Community Flag Schedule are available via the fol owing link:
https:/ www.merri-bek.vic.gov.au/my-
council/strategies-policies-and-col ected-data/policies-and-strategies/
Would you please advise me if this information satisfies point 8 of your request?
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Information is available outside of the FOI Act for point 15
Council is committed to providing public access to its information outside of the FOI Act. Council has
published information on its website regarding its position on business with companies who
manufacture, distribute or benefit from weapons used in war. This information has been approved for
public release.
This information may provide you with the information you are seeking outside of the FOI Act, and can
be accessed via the following link:
https://www.merri-bek.vic.gov.au/my-council/news-and-
publications/news/council-makes-further-decisions-about-its-position-on-the-war-in-gaza/
Would you please advise me if this information satisfies point 15 of your request?
Information already provided outside of the FOI Act for points 2, 6 and 8
I note that information has already been provided to you proactively outside of the FOI Act for points 2,
6 and 8. Further information has also been provided to you in this letter for point 8.
Would you please inform me if points 2, 6 and 8 of your request have been resolved?
Further information - statutory timeframes commence once a valid request is received
Until the application is clarified, a valid request does not exist under section 17 of the FOI Act and
therefore the statutory timeframe to process the application has not commenced.
When clarification of the terms is received a search for documents relevant to the request wil
commence. Once the search is complete you wil receive a further letter which will inform you of the
requirement to pay a deposit towards the access charges applicable to the request.
Please note that if you:
• Fail to begin consulting with Council to clarify your request; or
• Fail to provide an amended request; or
• Fail to otherwise make the request compliant with section 17 of the FOI Act
within 21 days from you receiving this notice, Council may refuse to comply with your request. Please
email us at
xxx@xxxxxxxxx.xxx.xxx.xx and quote F-583 by Monday 20 May 2024 to clarify the terms of
your request.
If we do not hear from you by this date, we may close your request without processing it. If we close
your request without processing it, you wil need to make a new request if you wish to access the
documents.
Yours sincerely
Troy Delia
FOI Officer
29 April 2024
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