R.A.I.S.E. requires all documents, papers, records relating to R.A.I.S.E.'s indoor heated pool.
Dear Tablelands Regional Council,
Ravenshoe R.A.I.S.E. Inc requires under Freedom of Information for; ALL documentation, papers, notes ,records, recordings, transcripts, and any and all information in any form, that Council ahs received or used in any way a part of it's assessment, investigation, analysis and deliberations, including recordings of official meetings involving Council and/ or Council personnel, any notes pertaining to meetings in any way whatsoever relating to R.A.I.S.E. Inc. and R.A.I.S.E.'s project of an indoor, solar heated swimming pool and rehabilitation centre, from the dates 2000 to 2016, including Council's decision making, and leasing of land to R.A.I.S.E. for the purpose of raising funding to build the facility.
Ravenshoe R.A.I.S.E. Inc. formally request the return of all plans, drafts and feasibility studies submitted to Council by R.A.I.S.E. as these documents have been paid for and funded by R.A.I.S.E. and are the sole property of R.A.I.S.E. and, are forbidden for Council to use in any way, shape or form, now or in the future.
Respectfully Yours
Ravenshoe R.A.I.S.E. Inc.
Thank you for your email.
TRC will action your request as soon as possible.
Our office can also be contacted by calling 1300 362 242 between the hours of
9am to 4.45pm on Tuesdays and 8.30am to 4.45pm on all other weekdays. Our after
hours service is available for urgent Council matters outside of these times.
Regards TRC
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Dear Ravenshoe R.A.I.S.E.
I refer to your request for ALL documentation regarding R.A.I.S.E.'s
project of an indoor, solar heated swimming pool and rehabilitation centre
from the dates 2000 to 2016, including Council's decision making, and
leasing of land to R.A.I.S.E. for the purpose of raising funding to build
the facility.
The Queensland Freedom of Information Act 1992 has been replaced by the
Right to Information Act 2009 (RTI Act). As some the information you are
seeking is unlikely to be available through Council's website, publication
scheme or administratively, you may make a formal application under the
RTI Act. The RTI Act allows you to make an application to access
documents that are in Council’s possession or control and which contain
information that is non-personal. If you are making an application under
the RTI Act, you will need to pay the $46.40 application fee. The
application fee for RTI applications cannot be waived.
If your application will take over five hours to process, Council will
provide you with a charges estimate notice. At this stage you can decide
to withdraw or amend your application or you can agree to the charges and
continue with your application. If charges are applicable, we will contact
you with more information. Charges are set by the State government and
are $7.20 for each 15 minutes spent processing an application. Council
provides documents free of charge on CD, however, if you require printed
copies of the documents an A4 black and white photocopy is $0.25 per page.
If you wish to make an access application but think your organisation is
in financial hardship and cannot afford to do so, you can apply to the
Information Commissioner for a decision about your financial hardship
status before you make an access application.
The Right to Information Application Form identifies that applications for
financial hardship status need to be made before applying for access to
documents.
Making a financial hardship status application prior to making an access
application ensures:
· the Information Commissioner has sufficient time to assess the
application and make a decision on financial hardship status before an
agency begins preparation of a charges estimate notice (which may end up
being unnecessary if charges have to be waived)
· where an application is granted by the Information Commissioner,
you can then make an access application to an agency and be certain that
your organisation will not have to pay any processing or access charges in
relation to the application
· where an application is not granted by the Information
Commissioner, you may choose not to proceed with making an access
application because your organisation cannot afford to pay the processing
and access charges.
Further information on lodging an application is available on the website
of the Office of the Information Commissioner
([1]https://www.oic.qld.gov.au/guidelines/fo...).
If Ravenshoe R.A.I.S.E. proceeds with a RTI access application all future
correspondence will be communicated directly to R.A.I.S.E and not via
“Right To Know” website.
We do require identification of the applicant as set out in the OIC
guidelines
([2]https://www.oic.qld.gov.au/guidelines/fo...
If someone (including a legal representative) is acting on your behalf
or as your agent, they must also provide evidence that they have
authority to act on your behalf and a certified copy of their
identification
In relation to your request for the return of "all plans, drafts and
feasibility studies submitted to Council by R.A.I.S.E. as these documents
have been paid for and funded by R.A.I.S.E. and are the sole property of
R.A.I.S.E. and, are forbidden for Council to use in any way, shape or
form, now or in the future", I advise that any such documents provided by
you to Council become a Council record under the Public Records Act 2002
(PRA). Section 7 of the PRA states that Council must make and keep full
and accurate records of its activities and have regard to any relevant
policy, standards and guidelines made by the archivist about the making
and keep of public records. Further Council is responsible for ensuring
the safe custody and preservation of records in its possession under
section 8 of the PRA.
Regards
Marjorie Nix
RTI Officer / PA to Deputy CEO, Deputy CEO Executive Group
Tablelands Regional Council
Phone: 1300 362 242 | Direct: 07 4089 2303 | Fax: 07 4091 4300
Email: [3][Tablelands Regional Council request email] | Website: [4]www.trc.qld.gov.au
45 Mabel Street, Atherton | PO Box 573, Atherton, Queensland, Australia,
4883
[5][IMG]
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Tablelands Regional Council Disclaimer
This message and any attachments may contain privileged and confidential
information intended only for the use of the intended addressee(s). Any
unauthorized use of this material is prohibited. If you received this
message in error please notify the sender immediately, delete the message
and destroy any printed or electronic copies. Opinions expressed in this
e-mail are those of the sender and do not necessarily represent the views
of the Tablelands Regional Council. Council does not accept any
responsibility for the loss or damage that may result from reliance on, or
the use of, any information contained in this e-mail or attachments.
We recommend that you scan this e-mail and any attachments for viruses
before opening. This Council does not accept liability for any loss or
damage incurred either directly or indirectly from opening this e-mail or
any attachments to it.
References
Visible links
1. https://www.oic.qld.gov.au/guidelines/fo...
2. https://www.oic.qld.gov.au/guidelines/fo...
3. mailto:[Tablelands Regional Council request email]
4. file:///tmp/www.trc.qld.gov.au
5. http://www.trc.qld.gov.au/give-generousl...
Locutus Sum left an annotation ()
This is a very interesting request for two reasons. One reason is troubling to a reasonable person. The council appears to refuse to deal with Right to Know: " If Ravenshoe R.A.I.S.E. proceeds with a RTI access application all future
correspondence will be communicated directly to R.A.I.S.E and not via
“Right To Know” website." It is possible, however, that the council does not have a problem with Right To Know, instead they are being careful not to release the personal information of RAISE through the Right to Know website. I have written "personal" because R.A.I.S.E is incorporated an so it is a legal person.
The second reason that the request is interesting is because the applicant wants to make the council return every document that the applicant submitted for a planning application. Apparently the applicant has not previously heard of the idea of keeping records for purposes of transparency and accountability. Also, they have not before heard of the Public Records Act. Now they have. Now also have I and I will remember it.