Contact:
Ela Alexander
Telephone No:
(03) 5153 9500
Corporate Centre
Email:

xxx@xxxxxx.xxx.xxx.xx
273 Main Street (PO Box 1618)
Reference:
FOI477
Bairnsdale Victoria 3875
Telephone: (03) 5153 9500
13 May 2024
National Relay Service: 133 677

Residents’ Info Line: 1300 555 886

Facsimile: (03) 5153 9576
Ms Patsy Lisle
Email: xxxxxxxx@xxxxxx.xxx.xxx.xx

ABN 81 957 967 765
Via email only: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Ms Lisle
Your Freedom of Information Request
We refer to your email correspondence dated 25 April 2024 to East Gippsland Shire Council
(“Council’) in which you requested access to documents under the Freedom of Information Act
1982 (Vic) (“FOI Act”) in the following terms:
“Could I please have a copy of the dilapidation report on the Bastion Point groyne wall
prepared by Magryn and Associates, as well as a copy of the report on the wall
commissioned from other consultants but not preferred by you? If there were more than
the two reports received, I'd appreciate a copy of all of them.”
(“Request”)
Validity
The FOI Act creates a right of access to documents of an agency, such as the Council. Section
13 of the FOI Act states that the right of access is to be exercised “in accordance with this Act”.
Section 17 of the FOI Act sets out the statutory prerequisites  needing to be satisfied before a
valid request for access to documents exists.
Application fee
One such requirement set out in section  17(2A) of the FOI Act is that a request must be
accompanied by an application fee of $31.80 or by an application for waiver of that fee on
hardship grounds.  Payment should be made by:
•  In person at one of Council's Service or Outreach Centres by credit card, cheque, money
order or cash; or
•  Over the phone, by contacting Customer Service on (03) 5153 9500 and use reference
FOI477; or
•  Cheque or money order (made payable to East Gippsland Shire Council) posted to
PO Box 1618 BAIRNSDALE  VIC  3875
If you are unable to pay the application fee on the ground that payment would cause hardship,
please state any reasons in writing and provide  the Council with evidence which you believe
would support that claim, such as a copy of your current pension or health care card.

Clarification
A  further requirement of section  17(2) of the FOI Act is that a request must provide such
information concerning the documents sought as is reasonably necessary to enable the agency to
identify those documents. That is, an applicant must strive to define with as much precision as
possible the documents sought in terms that wil  enable an appropriate officer of the agency to
constructively search for those documents. If a request is ambiguous, unclear or otherwise il
defined, it does not comply with the FOI Act and need not be processed.
The Request is presently ambiguous and unclear, and does not provide sufficient information to
enable the Council to identify the documents you seek within a reasonable time and with
reasonable effort.  As a result, I seek your clarification of some aspects of your Request and I
provide the following information to assist you in doing so.
Your Request variously seeks: a copy of a dilapidation report on the Bastion Point Groyne Wall
prepared by Magryn and Associates; a dilapidation report on the wall that was commissioned by
other consultants but not preferred by the Council; and al  other reports received by the Council in
relation to the Bastion Point Groyne Wall.
From the information provided, we have assumed that you intend to seek to access to:-
“Al  dilapidation reports on the Bastion Point Groyne Wall held by the Council during 2022-
2023”.
Could you please confirm in writing that my assumption is correct?
If  our  understanding is incorrect, then the Council invites you  to consult with it with a view to
amending or clarifying the Request, or removing any parts of the Request so that the Request
complies with section  17 of the FOI Act and provides the information necessary to enable the
Council  to identify the documents  sought.  If you wish to consult, please email me at
xxx@xxxxxx.xxx.xxx.xx.
Alternatively, you may wish to submit an amended request to clarify the issue raised above and/or
removing parts of the Request.
Please note that until the Request is made in a manner required by section 17 of the FOI Act, it
cannot be processed and the 30-day time period within which a decision must be made on the
Request has not commenced to run.
If the  no amended request is received or consultation about the Request has not commenced
within 21 days of today, the Council may refuse to comply with the  Request by treating the
Request as having lapsed.
If you have any queries, please contact this office by telephone on (03) 5153 9500, or by writing
to the mailing address shown at the top of this letter or by email to xxx@xxxxxx.xxx.xxx.xx and
quote FOI477.
I look forward to hearing from you and receiving payment of the application fee.

Yours sincerely
Ela Alexander
ELA ALEXANDER
Freedom of Information Officer

Document Outline