Managing Buildings Better / Strata Reform Project

Waiting for an internal review by ACT Environment, Planning and Sustainable Development Directorate of their handling of this request.

Dear ACT Environment, Planning and Sustainable Development Directorate,

Pursuant to the FOI Act, I request the following documents relating to the Government's Managing Buildings Better / Strata Reform Project:

- Public consultation submissions (excluding personal identifying details of individuals)

- Records and reports of consultations with the industry and community consultative group

- Reports containing overall recommendations of the reform project

- Any documents discussing tenant participation in owners' corporations / executive committees (such as tenant rights of attendance at general meetings or election of tenant representatives)

I ask that these documents be supplied electronically via email to this address.

Thank you very much for your consideration.

Yours sincerely

Andrew

Dear EPSDD,

I'm writing with regards to my FOI request that I sent on 31 January. I haven't received an acknowledgement and I'd like to confirm whether or not my request has been received.

Thank you for your attention.

Yours sincerely

Andrew

EPSDFOI, ACT Environment, Planning and Sustainable Development Directorate

OFFICIAL

Good afternoon Andrew

Your application was received.
A FOI Officer will be sending you some correspondence on Monday providing information regarding your application.

Kind Regards

Angelina Aloisi | Freedom of Information and Records Officer
Information and Knowledge Management
Environment, Planning and Sustainable Development Directorate | ACT Government
Phone: 02 6207 7912 | Email: [email address]
Level 5, 480 Northbourne Avenue, Dickson | GPO Box 158 Canberra ACT 2601| www.environment.act.gov.au | www.planning.act.gov.au
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EPSDFOI, ACT Environment, Planning and Sustainable Development Directorate

OFFICIAL

 

Dear Andrew

 

FOI 21/09059 – ACKNOWLEDGEMENT OF FREEDOM OF INFORMATION APPLICATION

 

I refer to your application (below) received by the Environment, Planning
and Sustainable Development Directorate (EPSDD) on 31 January 2021, in
which you sought access to information under the Freedom of Information
Act 2016 (the Act).

 

Specifically you are seeking:

“the following documents relating to the Government's Managing Buildings
Better / Strata Reform Project:

- Public consultation submissions (excluding personal identifying details
of individuals)

- Records and reports of consultations with the industry and community
consultative group

- Reports containing overall recommendations of the reform project

- Any documents discussing tenant participation in owners' corporations /
executive committees (such as tenant rights of attendance at general
meetings or election of tenant representatives)”

 

In relation to your application we require some clarification in order to
proceed with your request. Please provide advice on the following:

 

1.       Public consultation submissions (excluding personal identifying
details of individuals) and Records and reports of consultations with the
industry and community consultative group

The project commenced in 2016 with the project manager conducting a series
of workshops. In 2017 a reference group was formed with key industry
stakeholders, to raise and discuss issues. In 2019 the group was
recommenced as the Unit Titles Reform Consultative Group. Unit Titles
Reform Consultative Group in early 2019 to progress the reforms.

Are you seeking documents from the time of formation of the Unit Titles
Reform Consultative Group in 2019?

 

 2. Any documents discussing tenant participation in owners' corporations
/ executive committees (such as tenant rights of attendance at general
meetings or election of tenant representatives

The aim of the stage 1 unit title reforms is to make it easier and fairer
for unit owners, tenants, managers etc to live and work together,
therefore many of the reforms will assist tenants to be more informed and
engaged. One example is advising prospective tenants if the units plan has
a pet friendly rule. The explanatory statement for the Unit Title
Legislation Amendment Bill 2019
([1]https://legislation.act.gov.au/View/es/d...)
and the Managing Buildings Better web page
([2]https://www.planning.act.gov.au/build-bu...)
provide for further information on how the reforms benefit tenants. Please
advise if you are seeking any information other than what is publicly
available via these links.

Please note: under section 34 of the Act, processing of your application
will be suspended until we receive further information relating to the
scope of your application. If you fail to provide a response within 3
months from the date of this email your application will be considered
closed.  

 

Decision

In accordance with section 40 of the FOI Act, the standard processing time
requires that a decision on access to documents must be made within 20
working days of receipt, being on or by 1 March 2021. The decision date
will be amended depending on the receipt of your response.

 

Please note: Freedom of Information application timeframes are likely to
be impacted by COVID-19, and whilst are continuing to work to meet
statutory timeframes, this may not be possible in all instances. We are
committed to working with you and responding as best we can under the
current circumstances. We thank you for your patience and understanding
during this time.

Third Party Consultation

In processing your application, consultation with relevant third parties
may be required. In line with the Act, if third party consultation is
required, the due date may be extended by 15 working days. If this is the
case, you will be notified and advised of a revised decision due date.

Charges

Please be aware that processing charges may be payable in relation to your
request. Should you be liable to pay a processing charge, you will be
notified in writing of the preliminary assessment and given an opportunity
to make an application that the charge should be remitted in whole or in
part.  Alternatively, you may wish to revise the scope of your request. A
specific request of narrow scope may reduce the time required to process
your application and the likelihood of fees applying.

Open Access Information

The Act requires that details regarding your request such as your
application, decision notices, and information released to you, must be
recorded in the agency disclosure log and made publicly available; the
disclosure log is published on
[3]http://www.environment.act.gov.au/about/....
The identity of applicants is not disclosed. If you have any concerns
about the information released to you being published, please let us know.

 

Should you have any queries in relation to the processing of your request
please contact me at [4][email address] or on 02 6207 7912

 

Kind Regards

 

Angelina Aloisi | Freedom of Information and Records Officer

Information and Knowledge Management

Environment, Planning and Sustainable Development Directorate | ACT
Government

Phone: 02 6207 7912 | Email: [5][email address]

Level 5, 480 Northbourne Avenue, Dickson | GPO Box 158 Canberra ACT 2601|
[6]www.environment.act.gov.au | [7]www.planning.act.gov.au

Please consider the environment before printing this email

 

This email, and any attachments, may contain confidential information. If
you are not the intended recipient please notify the sender and delete all
copies of this transmission along with any attachments immediately. You
should not copy or use it for any purpose, nor disclose its contents to
any other person.

 

 

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Dear Angelina,

Thank you very much for your response.

1) I am happy to confine this aspect of the request to documents from the time of formation of the Unit Titles Reform Consultative Group in 2019 onwards.

2) I'll be more specific and confine this aspect of the request to any documents discussing "tenant rights of attendance at general meetings or election of tenant representatives", to the extent that this covers any documents not already included in the other points.

Thanks for your consideration.

Yours sincerely,

Andrew

EPSDFOI, ACT Environment, Planning and Sustainable Development Directorate

OFFICIAL

 

Dear Andrew

 

Thank you for your prompt response and assistance, we shall proceed with
the following application scope in relation to the Unit Title Reform
Project:

 1. From the formation of the Unit Titles Reform Consultative Group in
2019

o Public consultation submissions (excluding personal identifying
details of individuals)
o Records and reports of consultations with the industry and community
consultative group

 2. Reports containing overall recommendations of the reform project
 3. Any documents discussing "tenant rights of attendance at general
meetings or election of tenant representatives", to the extent that
this covers any documents not already included in the other points.

 

Please note an additional day will be added to the decision due on/by
date, the date now being 2 March 2021.

 

Kind Regards

 

Angelina Aloisi | Freedom of Information and Records Officer

Information and Knowledge Management

Environment, Planning and Sustainable Development Directorate | ACT
Government

Phone: 02 6207 7912 | Email: [1][email address]

Level 5, 480 Northbourne Avenue, Dickson | GPO Box 158 Canberra ACT 2601|
[2]www.environment.act.gov.au | [3]www.planning.act.gov.au

Please consider the environment before printing this email

 

This email, and any attachments, may contain confidential information. If
you are not the intended recipient please notify the sender and delete all
copies of this transmission along with any attachments immediately. You
should not copy or use it for any purpose, nor disclose its contents to
any other person.

 

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EPSDFOI, ACT Environment, Planning and Sustainable Development Directorate

OFFICIAL

Dear Andrew

FREEDOM OF INFORMATION (FOI) REQUEST – 21/06523

I refer to your application, received by the Environment, Planning and
Sustainable Development Directorate (EPSDD) on 1 February 2021, in which
you sought access to information under the Freedom of Information Act 2016
(the Act).

I am writing to request an extension of time of 20 days under Section 41
(1) of the FOI Act 2016. The revised deadline for a response to your
request is proposed for on or by 31 March 2021.

Thank you

 

Angelina Aloisi | Freedom of Information and Records Officer

Information and Knowledge Management

Environment, Planning and Sustainable Development Directorate | ACT
Government

Phone: 02 6207 7912 | Email: [1][email address]

Level 5, 480 Northbourne Avenue, Dickson | GPO Box 158 Canberra ACT 2601|
[2]www.environment.act.gov.au | [3]www.planning.act.gov.au

Please consider the environment before printing this email

 

This email, and any attachments, may contain confidential information. If
you are not the intended recipient please notify the sender and delete all
copies of this transmission along with any attachments immediately. You
should not copy or use it for any purpose, nor disclose its contents to
any other person.

 

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References

Visible links
1. mailto:[email address]
2. http://www.environment.act.gov.au/
3. http://www.environment.act.gov.au/

Dear Angelina,

I assume you are asking for an extension of 20 working days, rather than 20 calendar days.

I consent to an extension of time of 20 working days ending on 31 March 2021.

Yours sincerely,

Andrew

EPSDFOI, ACT Environment, Planning and Sustainable Development Directorate

OFFICIAL

Dear Andrew

 

I am writing to you to request an additional 5 working days to finalise
your application, making the due date on or by Friday 9 April 2021.

 

I apologise for the delay and your patience in this matter is appreciated.

 

Kind Regards

 

Angelina Aloisi | Freedom of Information and Records Officer

Information and Knowledge Management

Environment, Planning and Sustainable Development Directorate | ACT
Government

Phone: 02 6207 7912 | Email: [1][email address]

Level 5, 480 Northbourne Avenue, Dickson | GPO Box 158 Canberra ACT 2601|
[2]www.environment.act.gov.au | [3]www.planning.act.gov.au

Please consider the environment before printing this email

 

This email, and any attachments, may contain confidential information. If
you are not the intended recipient please notify the sender and delete all
copies of this transmission along with any attachments immediately. You
should not copy or use it for any purpose, nor disclose its contents to
any other person.

 

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References

Visible links
1. mailto:[email address]
2. http://www.environment.act.gov.au/
3. http://www.environment.act.gov.au/

Hi Angelina,

Many thanks for your work on processing my request. I consent to an additional extension of time of 5 working days ending on Friday 9 April 2021.

Yours sincerely,

Andrew

EPSDFOI, ACT Environment, Planning and Sustainable Development Directorate

3 Attachments

OFFICIAL

 

Dear Andrew,

 

Freedom of Information Decision - FOI-21/09059-Unit Title Reform Project

 

Please find attached the decision letter, schedule of documents and
documents in relation to your Freedom of Information application.

 

The FOI application, decision letter, schedule and documents will be
published on the [1]EPSDD Disclosure Log in the next 3 to 10 working days,
your personal details will not be published.

 

The EPSDD FOI team can be contacted on (02) 6207 1923 or
[2][email address]

 

Kind Regards

 

Angelina Aloisi | Information Governance Officer

Information Governance

Environment, Planning and Sustainable Development Directorate | ACT
Government

Phone: 02 6207 7912 | Email: [3][email address]

Level 5, 480 Northbourne Avenue, Dickson | GPO Box 158 Canberra ACT 2601|
[4]www.environment.act.gov.au | [5]www.planning.act.gov.au

Please consider the environment before printing this email

 

This email, and any attachments, may contain confidential information. If
you are not the intended recipient please notify the sender and delete all
copies of this transmission along with any attachments immediately. You
should not copy or use it for any purpose, nor disclose its contents to
any other person.

 

 

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References

Visible links
1. https://www.environment.act.gov.au/about...
2. mailto:[email address]
3. mailto:[email address]
4. http://www.environment.act.gov.au/
5. http://www.environment.act.gov.au/

Dear Angelina

Thank you for the response to my request.

Could I confirm:

1) the Directorate's searches did not find any documents which constitute submissions from external parties, including, for example, emails to [email address], letters/papers from organisations represented on the consultation group, etc that could be considered submissions?

2) in the case of documents where access was refused under 1.6(1)(a), that consideration was given to the potential applicability of the purely factual information exception, with reference to the appropriate Ombudsman's guideline? (I note that the decision notice does not explicitly discuss consideration of the purely factual information exception.)

Thank you for your consideration.

Yours sincerely,

Andrew

Andrew left an annotation ()

I have applied to the ACT Ombudsman for a review of this decision (the ACT FOI legislation does not provide for internal reviews).

Dear Angelina,

I have today been advised that Acting Senior Assistant Ombudsman Symone Andersen has made a decision setting aside the original decision in this matter and substituting a decision granting full access to all documents except documents 21, 22 and 23. I assume the notice of decision has been provided to the Directorate.

Could you please let me as soon as possible how the Directorate intends to proceed?

Thank you for your consideration.

Regards

Andrew