Night Works Permit for City West Waters Sewer Renewal Works on Elizabeth St. from 4/3/2019 to 8/3/2019
Dear Melbourne City Council,
Can you disclose the permit application and documents related to the City West Waters sewer renewal work that occurred between 12am to 6am overnight from the 4th of March 2019 to the 8th of March 2019? The work took place on Elizabeth Street in the CBD between Franklin St. and Lonsdale St.
On top of that, I'd like to know the number of complaints received through this period in numbers.
A Melbourne CBD Resident.
Dear R Yang,
FREEDOM OF INFORMATION APPLICATION: COR/FOI/01148
I refer to your application received by the City of Melbourne on 11 March
2018 in which you requested access to copies of documents under the
Freedom of Information Act 1982 (‘the Act’). Details of your request are
“Can you disclose the permit application and documents related to the City
West Waters sewer renewal work that occurred between 12am to 6am overnight
from the 4th of March 2019 to the 8th of March 2019? The work took place
on Elizabeth Street in the CBD between Franklin St. and Lonsdale St.
On top of that, I'd like to know the number of complaints received through
this period in numbers."
Request to submit application fee s17(2A)
S17(2A) of the Act requires that an application be accompanied by a fee of
$28.90. Council cannot process your request until you pay this
application fee. This application fee can be paid via cheque or money
order (payable to City of Melbourne), in person at Melbourne Town Hall or
Under s17(2B) of the Act, the application fee may be waived or reduced if
it is determined that the payment of the fee would cause hardship to the
applicant. In order for me to make this determination could you please
provide me with evidence to support your position (such as a social
security concession card, healthcare card or pensioner card in your name)?
A valid request does not exist under the Act until this application fee,
or sufficient evidence to support a waiver or the application fee, is
Deletion of exempt or irrelevant matter
Under s25 of the Act, if a decision is made not to grant access to a
document on the basis that it is an exempt document and/or it contains
irrelevant material, Council is only required to provide you with an
edited copy of that document if you have indicated that you wish to
receive an edited copy.
Do you wish to receive edited copies of documents with exempt/irrelevant
In September 2017, the FOI Act underwent considerable amendments. The
result of which requires Council to now consult with all individuals,
businesses and government agencies referred to in the requested documents
before it is permitted to make a decision concerning access. When
conducting this extensive consultation the most common question which will
be asked by third parties will be, who is seeking their information?
Do you give me permission to advise these third parties that you are the
applicant in this matter?
Option to de-identify documents
The documents which you seek are likely to contain ‘personal affairs
information’ of people other than yourself. Personal affairs information
includes any information from which any person’s identity, address or
location can be reasonably determined (such as names, job titles, direct
contact details etc.).
Prior to determining whether or not the personal information should be
released, s33 of the Act requires Council to contact each individual whose
information it contained in the documents, to notify them of the request
and seek their views on whether or not their personal affairs information
should be disclosed. If individuals do not consent to the release of their
personal affairs information, and the Council subsequently decides that it
would be suitable for release, then their personal affairs information
cannot be provided to you until the expiry of a mandatory 60 day appeal
Can you please advise if you wish to seek access to the personal affairs
information contained in the documents? If you don’t, you could elect to
request de-identified documents, with all personal affairs information
Council will await receipt of the application fee. In the meantime, if you
have any queries please contact [Melbourne City Council request email]
Chelvi Arunagiri | Governance and Legal |
City of Melbourne | Melbourne Town Hall, 90-120 Swanston Street, Melbourne
3000 | PO Box 1603 Melbourne 3001 |
T: 03 9658 9658 | F: 03 9658 8084 |
E: [email address]
www.melbourne.vic.gov.au | whatson.melbourne.vic.gov.au
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Dear Chelvi Arunagiri,
I'm seeking a fee waiver as disclosing the documents would be in the public interest of CBD residents. This request is being filed through https://righttoknow.org.au and all documents will be placed in the public domain.
Dear R Yang,
Under s17(2B), an application fee may be waived or reduced if the payment of the fee would cause hardship to the applicant. There is no other mechanism in the Act to waive the application fee.
If you wish to proceed with the FOI application, please pay the application fee via the methods outlined below, or provide proof of hardship.
Dear Chelvi Arunagiri,
How can I prove significant financial hardship?