Freedom of Information: Owners Corporations Act - List of addresses with appointed Owners Corporation

Elizabeth made this Freedom of Information request to Victorian Department of Environment, Land, Water and Planning

The request was refused by Victorian Department of Environment, Land, Water and Planning.

From: Elizabeth

Delivered

Dear Victorian Department of Environment, Land, Water and Planning,

Under Freedom of Information Act (FOIA), i would like to request information pertaining to the Owners Corporation Act 2006 - Part 9 -Owners Corporation Register.

I require a list of all current owners corporation plans within post code 3004, with the associated owners corporation register details (Sect 148):

1) the owners corporation plan number and address;
2) the name of the manager, registration number of the manager and contact details of the manager (if any);
3) The number of lots in the building

If you need any clarification of this request of if it is too broad in any way please feel free to email me.

If this information is held by an outside contractor then it is your responsibility under the FOIA to obtain that information.

I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you within the statutory time period.

Yours faithfully,

Elizabeth

Link to this

Victorian Department of Environment, Land, Water and Planning


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Dear Elizabeth,

I refer to your email below. Some of the information you seek is contained
on the public register of owner corporation managers (including their
contact details) and can be located at the following webpage:  

[1]http://multimedia.consumer.vic.gov.au/re...

This register is maintained by Consumer Affairs Victoria (a business unit
of the Victorian Department of Justice and Regulation).  If you have any
further questions about the register or what other owner corporation
information is publicly available or what information would need to be
obtained through a freedom of information request to Consumer Affairs
Victoria, they can be contacted on telephone:  1300 558 181 or you can
send them an email via their contact page on their website:
[2] https://www.consumer.vic.gov.au/contact-us
Please note that should you need to make a freedom of information request,
an application fee of $27.90 is payable and requests (including the
payment of the application fee) can be made to Victorian government
departments via this webpage:  [3]http://www.foi.vic.gov.au/    

Regards,
Stuart

Stuart Atkins, Manager FOI & Privacy, Legal Services Division
Corporate Services | Department of Environment, Land, Water and Planning
Level 19, 385 Bourke Street, Melbourne, Victoria 3000
Mailing address:  PO Box 500, East Melbourne  Vic  8002
T: 03 9637 8331  | E: [4][email address]

[5][IMG] [6][IMG]  [7][IMG]  [8][IMG]  [9][IMG]  [10][IMG]

From:        Elizabeth <[FOI #3658 email]>
To:        "FOI requests at Victorian Department of Environment, Land,
Water and Planning" <[Victorian Department of Environment, Land, Water and Planning request email]>,
Date:        22/06/2017 09:06 PM
Subject:        Freedom of Information request - Freedom of Information:
Owners Corporations Act - List of addresses with appointed Owners
Corporation

--------------------------------------------------------------------------

Dear Victorian Department of Environment, Land, Water and Planning,

Under Freedom of Information Act (FOIA), i would like to request
information pertaining to the Owners Corporation Act 2006 - Part 9 -Owners
Corporation Register.

I require a list of all current owners corporation plans within post code
3004, with the associated owners corporation register details (Sect 148):

1) the owners corporation plan number and address;
2) the name of the manager, registration number of the manager and contact
details of the manager (if any);
3) The number of lots in the building

If you need any clarification of this request of if it is too broad in any
way please feel free to email me.

If this information is held by an outside contractor then it is your
responsibility under the FOIA to obtain that information.

I would be grateful if you could confirm in writing that you have received
this request, and I look forward to hearing from you within the statutory
time period.

Yours faithfully,

Elizabeth

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #3658 email]

Is [Victorian Department of Environment, Land, Water and Planning request email] the wrong address for Freedom of Information
requests to Victorian Department of Environment, Land, Water and Planning?
If so, please contact us using this form:
[11]https://urldefense.proofpoint.com/v2/url...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[12]https://urldefense.proofpoint.com/v2/url...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. http://multimedia.consumer.vic.gov.au/re...
2. https://www.consumer.vic.gov.au/contact-us
3. http://www.foi.vic.gov.au/
4. mailto:[email address]
5. http://www.delwp.vic.gov.au/
6. http://www.delwp.vic.gov.au/facebook
7. https://twitter.com/DELWP_Vic
8. https://www.linkedin.com/company/departm...
9. https://www.youtube.com/c/DELWPVicGovAus...
10. http://instagram.com/delwp_vic/
11. https://urldefense.proofpoint.com/v2/url...
12. https://urldefense.proofpoint.com/v2/url...

Link to this

From: Elizabeth

Delivered

Stuart,

Thank you.

However, i am a little confused as all the information i requested falls under LANDATA which falls under your department.

I do not wish to be run around, so if you can guarantee that Consumer Vic is the correct department then i will proceed in that direction.

Yours faithfully,

Elizabeth

Link to this

Victorian Department of Environment, Land, Water and Planning


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Hi Elizabeth,

I will make some further enquiries with Land Use Victoria (who manage
LANDATA) and let you know as soon as I can.

Regards,
Stuart

Stuart Atkins, Manager FOI & Privacy, Legal Services Division
Corporate Services | Department of Environment, Land, Water and Planning
Level 19, 385 Bourke Street, Melbourne, Victoria 3000
Mailing address:  PO Box 500, East Melbourne  Vic  8002
T: 03 9637 8331  | E: [1][email address]

[2][IMG] [3][IMG]  [4][IMG]  [5][IMG]  [6][IMG]  [7][IMG]

From:        Elizabeth <[FOI #3658 email]>
To:        "FOI requests at Victorian Department of Environment, Land,
Water and Planning" <[Victorian Department of Environment, Land, Water and Planning request email]>,
Date:        23/06/2017 11:22 AM
Subject:        Re: Freedom of Information request - Freedom of
Information: Owners Corporations Act - List of addresses with appointed
Owners Corporation

--------------------------------------------------------------------------

Stuart,

Thank you.

However, i am a little confused as all the information i requested falls
under LANDATA which falls under your department.

I do not wish to be run around, so if you can guarantee that Consumer Vic
is the correct department then i will proceed in that direction.

Yours faithfully,

Elizabeth

show quoted sections

Link to this

From: Elizabeth

Delivered

Stuart,

Just following up to see what progress you have made with your enquiry...

Yours faithfully,

Elizabeth

Link to this

From: Elizabeth

Delivered

Stuart,

Would you please maintain regular communication status updates in order to ensure this request is fulfilled within the guidelines of the law and not dealt with unreasonably or unlawfully; so as to limit further legal action?

Yours faithfully,

Elizabeth

Link to this

Victorian Department of Environment, Land, Water and Planning


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Dear Elizabeth,

I have spoken to Land Use Victoria who have confirmed that Consumer
Affairs Victoria (CAV) and the Business Licensing Authority (BLA) would be
the appropriate agencies to provide you with the information you seek.
Both the CAV and BLA operate the following joint website:

[1]https://www.consumer.vic.gov.au/licensin...

The CAV and BLA can be contacted on telephone: 1300 55 81 81 or you can
lodge an online enquiry here:

[2]https://www.consumer.vic.gov.au/contact-...

Regards,
Stuart

Stuart Atkins, Manager FOI & Privacy, Legal Services Division
Corporate Services | Department of Environment, Land, Water and Planning
Level 19, 385 Bourke Street, Melbourne, Victoria 3000
Mailing address:  PO Box 500, East Melbourne  Vic  8002
T: 03 9637 8331  | E: [3][email address]

[4][IMG] [5][IMG]  [6][IMG]  [7][IMG]  [8][IMG]  [9][IMG]
 

From:        Elizabeth <[FOI #3658 email]>
To:        "FOI requests at Victorian Department of Environment, Land,
Water and Planning" <[Victorian Department of Environment, Land, Water and Planning request email]>,
Date:        23/06/2017 11:22 AM
Subject:        Re: Freedom of Information request - Freedom of
Information: Owners Corporations Act - List of addresses with appointed
Owners Corporation

--------------------------------------------------------------------------

Stuart,

Thank you.

However, i am a little confused as all the information i requested falls
under LANDATA which falls under your department.

I do not wish to be run around, so if you can guarantee that Consumer Vic
is the correct department then i will proceed in that direction.

Yours faithfully,

Elizabeth

show quoted sections

Link to this

From: Elizabeth

Delivered

Dear Victorian Department of Environment, Land, Water and Planning,

Just following up to see what progress you have made with this request.

Please provide an update as almost 21 days have passed since this request was made.

Yours faithfully,

Elizabeth

Link to this

Victorian Department of Environment, Land, Water and Planning


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Dear Elizabeth,

Please refer to my email of 7 July 2017 in which I advised that Consumer
Affairs Victoria (CAV) and the Business Licensing Authority (BLA) would be
the appropriate agencies to provide you with the information you seek. As
they are not part of this department, you will need to contact them
directly.

You can access their joint website here:

[1]https://www.consumer.vic.gov.au/licensin...

The CAV and BLA can be contacted on telephone: 1300 55 81 81 or you can
lodge an online enquiry here:

[2]https://www.consumer.vic.gov.au/contact-...

Regards,
Stuart

Stuart Atkins, Manager FOI & Privacy, Legal Services Division
Corporate Services | Department of Environment, Land, Water and Planning
Level 19, 385 Bourke Street, Melbourne, Victoria 3000
Mailing address:  PO Box 500, East Melbourne  Vic  8002
T: 03 9637 8331  | E: [3][email address]

[4][IMG] [5][IMG]  [6][IMG]  [7][IMG]  [8][IMG]  [9][IMG]

From:        Elizabeth <[FOI #3658 email]>
To:        "FOI requests at Victorian Department of Environment, Land,
Water and Planning" <[Victorian Department of Environment, Land, Water and Planning request email]>,
Date:        14/07/2017 10:16 AM
Subject:        Re: Freedom of Information request - Freedom of
Information: Owners Corporations Act - List of addresses with appointed
Owners Corporation

--------------------------------------------------------------------------

Dear Victorian Department of Environment, Land, Water and Planning,

Just following up to see what progress you have made with this request.

Please provide an update as almost 21 days have passed since this request
was made.

Yours faithfully,

Elizabeth

show quoted sections

Link to this

From: Elizabeth

Delivered

Stuart,

I have taken your advice, and approached the two departments you mentioned to no avail. I am still of the confident view that LANDATA contain the information i require. This belief is driven by the information maintain on their website and reporting.

https://www.landata.vic.gov.au/tpc_confi...
"Owners Corporation Search Report (Premium)
Copyright State of Victoria. This publication is copyright. No part may be
reproduced by any process except in accordance with the provisions of the
Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land
Act 1962 (Vic) or pursuant to a written agreement. The information is only valid
at the time and in the form obtained from the LANDATA REGD TM System.

I originally approached the Department of Environment, Land, Water and Planning (https://delwp.vic.gov.au/) to provide my original request. This is still outstanding, and i ask that you more specifically provide a bulk download of the detail (page 1) of the "Owners Corporations Search Report (Premium)" for all plans within postcode 3004, that is maintained within LANDATA REGD TM.

Yours faithfully,

Elizabeth

Link to this

Victorian Department of Environment, Land, Water and Planning


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Dear Elizabeth,

I have made further enquires with staff from the Land Registry Services
division who manage LANDATA. They have advised me that there is no
standard report on Owners Corporation details for a whole postcode. As
there is no discreet report available, this information is unable to be
accessed via the freedom of information process.

However, an adhoc report may be able to be generated, but that would
involve payment of a fee. If you wish to discuss your requirements and the
applicable fee that would apply, please email
[1][email address]

Alternately, individual owners corporation records can be accessed for a
fee using the LANDATA website ([2]www.landata.vic.gov.au/tpi). If you need
assistance using this website, you can contact the LANDATA customer
service staff on 03 9194 0605.

Regards,
Stuart

Stuart Atkins, Manager FOI & Privacy, Legal Services Division
Corporate Services | Department of Environment, Land, Water and Planning
Level 19, 385 Bourke Street, Melbourne, Victoria 3000
Mailing address:  PO Box 500, East Melbourne  Vic  8002
T: 03 9637 8331  | E: [3][email address]

[4][IMG] [5][IMG]  [6][IMG]  [7][IMG]  [8][IMG]  [9][IMG]

From:        Elizabeth <[FOI #3658 email]>
To:        "FOI requests at Victorian Department of Environment, Land,
Water and Planning" <[Victorian Department of Environment, Land, Water and Planning request email]>,
Date:        25/08/2017 03:10 PM
Subject:        Re: Freedom of Information request - Freedom of
Information: Owners Corporations Act - List of addresses with appointed
Owners Corporation

--------------------------------------------------------------------------

Stuart,

I have taken your advice, and approached the two departments you mentioned
to no avail. I am still of the confident view that LANDATA contain the
information i require. This belief is driven by the information maintain
on their website and reporting.

[10]https://www.landata.vic.gov.au/tpc_confi...
"Owners Corporation Search Report (Premium)
Copyright State of Victoria. This publication is copyright. No part may be
reproduced by any process except in accordance with the provisions of the
Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of
Land
Act 1962 (Vic) or pursuant to a written agreement. The information is only
valid
at the time and in the form obtained from the LANDATA REGD TM System.

I originally approached the Department of Environment, Land, Water and
Planning ([11]https://delwp.vic.gov.au/) to provide my original request.
This is still outstanding, and i ask that you more specifically provide a
bulk download of the detail (page 1) of the "Owners Corporations Search
Report (Premium)" for all plans within postcode 3004, that is maintained
within LANDATA REGD TM.

Yours faithfully,

Elizabeth

show quoted sections

Link to this

From: Elizabeth

Delivered

Stuart,

Thank you for making the original enquiry.

Can you please provide a definition of "standard enquiry"? As i am unclear what determines such classification, and how this is used as a means for providing or not providing information under The FOI Act.

Yours faithfully,

Elizabeth

Link to this

Victorian Department of Environment, Land, Water and Planning


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Hi Elizabeth,

To answer your question, only documents that exist at the time the FOI
request was made can be requested through the FOI process.
In relation to computer systems/databases, section 19 of the Freedom of
Information Act 1982 (Victoria) provides that documents (such as reports)
can be generated in order to respond to a FOI request, but only if it can
be readily created from that computer system/database (for example, a
standard report).

In addition, the FOI Act provides (at section 14) that any documents that
are available for a fee (such as standard reports via LANDATA) cannot be
sought through the FOI process.  
 
The staff at LANDATA are available (via the contact details I previously
provided you), if you wish to discuss what reports that can be generated
and the associated costs.

Regards,
Stuart

Stuart Atkins, Manager FOI & Privacy, Legal Services Division
Corporate Services | Department of Environment, Land, Water and Planning
Level 19, 385 Bourke Street, Melbourne, Victoria 3000
Mailing address:  PO Box 500, East Melbourne  Vic  8002
T: 03 9637 8331  | E: [1][email address]

[2][IMG] [3][IMG]  [4][IMG]  [5][IMG]  [6][IMG]  [7][IMG]

From:        Elizabeth <[FOI #3658 email]>
To:        "FOI requests at Victorian Department of Environment, Land,
Water and Planning" <[Victorian Department of Environment, Land, Water and Planning request email]>,
Date:        31/08/2017 06:53 PM
Subject:        Re: Freedom of Information request - Freedom of
Information: Owners Corporations Act - List of addresses with appointed
Owners Corporation

--------------------------------------------------------------------------

Stuart,

Thank you for making the original enquiry.

Can you please provide a definition of "standard enquiry"? As i am unclear
what determines such classification, and how this is used as a means for
providing or not providing information under The FOI Act.

Yours faithfully,

Elizabeth

show quoted sections

Link to this

Things to do with this request

Anyone:
Victorian Department of Environment, Land, Water and Planning only: