Seizure of cats
Dear Brimbank City Council,
We observed a female ranger from Brimbank attend Old Calder Hwy Keilor last Wednesday 20 Sep 23 at around noon with a smaller cage in her hand (cat size rather than dog). We would like the records of that attendance please as required to be made by the Domestic Animals Act with respect to the seizure, transfer and movement of animals. Also if there are other provisions you could invoke for us to facilitate this request we’d appreciate it.
We would like to see the record of what animals she collected and how many, and where they were taken to and by whom and given to whom and the dates and times of all these chain of custody events. Basically we desire to inspect or obtain the logs required by the relevant ordinances/regulations.
Also what prompted the Ranger to attend the site (don’t need any private info btw “Call/email from (redacted) at 11am to collect (insert animal description) etc” is an example of sufficient identifying info within privacy limitations.
We would like also copies of the emails between The Lost Dogs Home North Melbourne and Stuart/Brimbank ranger pertaining to that seizure. We would also like a copy of the contract between The Lost Dogs home (the pound) and council related to the holding of seized animals on behalf of council. This should be an 84Y agreement or equivalent which also should set out the charging of rego and other fees on behalf of council by the pound as well as the arrangement for forced medical procedures such as implant of chip and desexing which are done at the pound’s vet service across the road and whether there are any kickbacks.
Also Dan George said that he has just taken on this new role as prosecutor after being away on leave. Could we please request any documents pertaining to the departure of his predecessor whether a resignation or dismissal letter and the terms of the hiring of Mr George such as employment contract.
Also I am under extreme hardship on carer’s pension and making this application under duress and protest with limited funds.
Thanks in advance.
Yours faithfully,
Drew Scott, Esq. LLB BCom GradDipLP
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Dear Mr Scott,
I refer to your application in which you sought access to various
documents under the Freedom of Information Act 1982 (Act).
By your request, you seek access to the following:
“We observed a female ranger from Brimbank attend Old Calder Hwy Keilor
last Wednesday 20 Sep 23 at around noon with a smaller cage in her hand
(cat size rather than dog). We would like the records of that attendance
please as required to be made by the Domestic Animals Act with respect to
the seizure, transfer and movement of animals. Also if there are other
provisions you could invoke for us to facilitate this request we’d
appreciate it.
We would like to see the record of what animals she collected and how
many, and where they were taken to and by whom and given to whom and the
dates and times of all these chain of custody events. Basically we desire
to inspect or obtain the logs required by the relevant
ordinances/regulations.
Also what prompted the Ranger to attend the site (don’t need any private
info btw “Call/email from (redacted) at 11am to collect (insert animal
description) etc” is an example of sufficient identifying info within
privacy limitations.
We would like also copies of the emails between The Lost Dogs Home North
Melbourne and Stuart/Brimbank ranger pertaining to that seizure. We would
also like a copy of the contract between The Lost Dogs home (the pound)
and council related to the holding of seized animals on behalf of council.
This should be an 84Y agreement or equivalent which also should set out
the charging of rego and other fees on behalf of council by the pound as
well as the arrangement for forced medical procedures such as implant of
chip and desexing which are done at the pound’s vet service across the
road and whether there are any kickbacks.
Also Dan George said that he has just taken on this new role as prosecutor
after being away on leave. Could we please request any documents
pertaining to the departure of his predecessor whether a resignation or
dismissal letter and the terms of the hiring of Mr George such as
employment contract.”
Can you please provide a copy of your carer’s pension card to support your
application for a waiver of the application fee on the grounds of
financial hardship?
In accordance with s 17(2A) of the Act, Council cannot process your
request until you provide a copy of you carer’s pension card or pay the
application fee of $31.80.
If you have any questions please call 9249 4000.
Regards,
[1]Council Amanda Marijanovic
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
-
T +61 3 9249 4000 | F +61 3
9249 4351 |
[2]www.brimbank.vic.gov.au
[3]Facebook[4]Twitter[5]Linked
in[6]You Tube
[7]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[FOI #10717 email]>
Sent: Thursday, 28 September 2023 7:30 AM
To: Info <[email address]>
Subject: Freedom of Information request - Seizure of cats
Dear Brimbank City Council,
We observed a female ranger from Brimbank attend Old Calder Hwy Keilor
last Wednesday 20 Sep 23 at around noon with a smaller cage in her hand
(cat size rather than dog). We would like the records of that attendance
please as required to be made by the Domestic Animals Act with respect to
the seizure, transfer and movement of animals. Also if there are other
provisions you could invoke for us to facilitate this request we’d
appreciate it.
We would like to see the record of what animals she collected and how
many, and where they were taken to and by whom and given to whom and the
dates and times of all these chain of custody events. Basically we desire
to inspect or obtain the logs required by the relevant
ordinances/regulations.
Also what prompted the Ranger to attend the site (don’t need any private
info btw “Call/email from (redacted) at 11am to collect (insert animal
description) etc” is an example of sufficient identifying info within
privacy limitations.
We would like also copies of the emails between The Lost Dogs Home North
Melbourne and Stuart/Brimbank ranger pertaining to that seizure. We would
also like a copy of the contract between The Lost Dogs home (the pound)
and council related to the holding of seized animals on behalf of council.
This should be an 84Y agreement or equivalent which also should set out
the charging of rego and other fees on behalf of council by the pound as
well as the arrangement for forced medical procedures such as implant of
chip and desexing which are done at the pound’s vet service across the
road and whether there are any kickbacks.
Also Dan George said that he has just taken on this new role as prosecutor
after being away on leave. Could we please request any documents
pertaining to the departure of his predecessor whether a resignation or
dismissal letter and the terms of the hiring of Mr George such as
employment contract.
Also I am under extreme hardship on carer’s pension and making this
application under duress and protest with limited funds.
Thanks in advance.
Yours faithfully,
Drew Scott, Esq. LLB BCom GradDipLP
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #10717 email]
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Information requests to Brimbank City Council? If so, please contact us
using this form:
[10]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
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Dear FOI Request,
Thank you for responding.
I spoke to a Simon from City compliance dept on 4 October and I think he confirmed the FOI request had been received by Council, though I was not aware of the payment/pension card issue until you replied on here more recently. Apologies for any inconvenience.
Please find below a link to screen shots of the official digital version of my carer’s pension card as viewed in the Centrelink app. That link should not expire until 1 month from today.
https://share.icloud.com/photos/06bgPzzZ...
Please let me know if you are not able to access the link or require further info.
Since documents were filed by BCC on 9/10/23 and a hearing was held on 10/10/23, I have acquired additional information which would warrant the amending of my original FOI request text to more accurately make my requests and to add or remove certain elements. Would that be possible? If so, how would I do that? It would include such additions as querying the terms and timeline within which the barrister was hired, among others. It would exclude, for example, the address of the person making the request for the rangers to attend as we have that confirmed in the court papers, but now some other queries arise out of that confirmation.
Thank you in advance for your continued assistance
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear Mr Scott,
Thank you for providing a copy of your pensioner concession card. Council
accepts you application for an application fee waiver on the grounds of
financial hardship.
In relation to amending your request, you may do so.
Section 17 of the Act sets out the procedural requirements to be satisfied
for a valid request for access to documents to exist.
One of those requirements is that the request must provide such
information concerning the documents you seek as is reasonably necessary
to enable the Council to identify the documents sought. That is, you must
strive to define with as much precision as possible the documents sought
in terms that would enable an appropriate officer of the Council to
constructively search for those documents. If a request is ambiguous,
unclear or otherwise ill defined, it does not comply with the Act and need
not be processed. Finally, a request must be for documents and not just
information as such because the Act is about access to information in
documentary form.
For example in your email below you state you will be “querying the terms
and timeline within which the barrister was hired”. Please note this is
not a request for documents. Please ensure your amended request includes
the types of documents you are seeking in relation to this hire.
The Council looks forward to receiving an amended request so that it may
expedite addressing your information needs.
If you have any questions please call me on 9249 4000 or email
[1][Brimbank City Council request email] .
Regards,
[2]Council Amanda Marijanovic
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
-
T +61 3 9249 4000 | F +61 3
9249 4351 |
[3]www.brimbank.vic.gov.au
[4]Facebook[5]Twitter[6]Linked
in[7]You Tube
[8]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[FOI #10717 email]>
Sent: Saturday, 14 October 2023 10:43 AM
To: FOI Request <[email address]>
Subject: Re: Freedom of Information request - Seizure of cats
Dear FOI Request,
Thank you for responding.
I spoke to a Simon from City compliance dept on 4 October and I think he
confirmed the FOI request had been received by Council, though I was not
aware of the payment/pension card issue until you replied on here more
recently. Apologies for any inconvenience.
Please find below a link to screen shots of the official digital version
of my carer’s pension card as viewed in the Centrelink app. That link
should not expire until 1 month from today.
[9]https://share.icloud.com/photos/06bgPzzZ...
Please let me know if you are not able to access the link or require
further info.
Since documents were filed by BCC on 9/10/23 and a hearing was held on
10/10/23, I have acquired additional information which would warrant the
amending of my original FOI request text to more accurately make my
requests and to add or remove certain elements. Would that be possible? If
so, how would I do that? It would include such additions as querying the
terms and timeline within which the barrister was hired, among others. It
would exclude, for example, the address of the person making the request
for the rangers to attend as we have that confirmed in the court papers,
but now some other queries arise out of that confirmation.
Thank you in advance for your continued assistance
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear Amanda,
Thank you for your detailed reply. So the freedom of INFORMATION act is about documents and not information. I appreciate what you’re saying , but the problem is I don’t actually know what internal processes are necessarily used to create the documents where the information is housed so if I give details about the information I would like, the hope is that you’re able to find out how it is documented in order to extract that document as internal procedures differ between each agency?
For example, a recording of a phone call is a document, but perhaps they don’t record internal calls there at the Council but they take notes as to what we said using some sort of management software. Or perhaps they have a policy to send follow up emails after calls so that it contains in writing what was discussed. All I know is that I need the substantive information that was exchanged during the communication. Apart from that I cannot be more specific as it is not possible for me to know, not working for council.
What I wanted to clarify in my request please is:
There was allegedly cat seizures on both 20 and 22 September from Old Calder Hwy Keilor. Was it the same ranger? On the 20th was a female ranger. When the resident calls up to report they have caught a “stray” animal I assume a process is begun on each animal starting at the taking of the call. I would like please all documents from start to end on each of those cats (at least 2 to start with on those dates given).
According to the domestic animal act (DAA) 1994 there is a logging requirement for all seizures and transport of animals. I don’t know if that’s a logbook or a computer or how that looks, but I would like please to acquire anything the resident had to fill out or answer over the phone and was filled out for them before sending the ranger and during her visits (such as if they are asked if they know who the animal belongs to, etc).
There is also the added element of my interaction with the council over this issue. Something was added to a profile so that whenever I rang up I was refused service due to a reference to my lawsuit. I’d like to see all data on my profile and who put it there.
Did John Petroro from City compliance create any documents pertaining to this issue? I am trying to ascertain why he has not returned my calls. I am seeking all internal comms over this issue of those 2 car seizures between John, Simon his subordinate whose last name I also require, Dan George his subordinate, Stuart whose last name I don’t have, Stuart’s alleged comms to Lost Dogs home, whether Dan or anyone else communicated with Lost Dogs home or internally. I’d also like all comms between Susie’s Mansion (the lien holder) and Brimbank or about it. Again this is connected directly with those 2 cat seizures.
Regarding counsel Ms Schultz was hired to appear with an instructor. Who was he? Who hired her? I assume this is done by email and there is a contract or both. This might give me the date she was hired. I am trying to determine why she made submissions at 8 pm on the eve of the hearing even though the council was not summoned to that emergency injunction hearing.
So basically when it boils down, I am seeking every document created incidental to first contact by the resident seeking a ranger to collect those 2 seized cats. One pathway begins 20 (or perhaps the day before depending how much lead time the ranger had). The other being 2 days later. I am seeking all documents from those dates until the present time which arise from those seizures.
The only documents not related specifically to the seizures are Dan George’s terms of employment, his predecessor, his leave of absence etc. - so the things I detailed in the original request please to try and determine the terms of Mr George attaining his current position, his job description, key performance indicators, employment contract and including a direct contract with the man he had replaced. Everything else should be documents created because of the seizures or my phone calls and law suit which arose as a direct result of the seizures.
The final 2 things I would like to add please is a request for any documents containing legal advice the council has received over the concept of registration of animals and what rights it gives the council, and any legal advice it has sought and received over claims of illegal or wrongful seizure made by pet owners.
The requests are not that long i just have added a lot of information to make sure we’re on the same page so please don’t be put off. If any issues please let me know.
The final request I wanted to add was for any documents again related to these seizures but generated by the mayor, deputy mayor and the other councillor, all 3 of Taylor’s Ward, as I reached out to all 3, multiple times and didn’t hear boo. I’m trying to ascertain what documents are created when I ring and text and leave voicemails, and wish to acquire those please if they exist.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear Mr Scott,
In relation to each explanatory statement that you have provided I’ve
attempted to identify the documents that you are seeking. Can you please
confirm that the documents listed below are the documents that you are
seeking?
In relation to the alleged cat seizures on 20 and 22 September 2023 from
Old Calder Hwy, Keilor (the matter):
Statement 1:
There was allegedly cat seizures on both 20 and 22 September from Old
Calder Hwy Keilor. Was it the same ranger? On the 20th was a female
ranger. When the resident calls up to report they have caught a “stray”
animal I assume a process is begun on each animal starting at the taking
of the call. I would like please all documents from start to end on each
of those cats (at least 2 to start with on those dates given).
In relation to the statement above, in my view you would be seeking:
“Copies of confirm enquiry trace forms and any other documentation for cat
seizures on 20 and 22 September from Old Calder Hwy Keilor and that you
are seeking the personal affairs information of the ranger who collected
the cats.”
Statement 2:
According to the domestic animal act (DAA) 1994 there is a logging
requirement for all seizures and transport of animals. I don’t know if
that’s a logbook or a computer or how that looks, but I would like please
to acquire anything the resident had to fill out or answer over the phone
and was filled out for them before sending the ranger and during her
visits (such as if they are asked if they know who the animal belongs to,
etc).
In relation to the statement above, in my view the confirm enquiry trace
forms identified under statement 1 would satisfy this part of your
request.
Statement 3:
There is also the added element of my interaction with the council over
this issue. Something was added to a profile so that whenever I rang up I
was refused service due to a reference to my lawsuit. I’d like to see all
data on my profile and who put it there.
In relation to the statement above, in my view I am unable to identify a
document that would meet the criteria of this statement. If you are
seeking an overall record of your interactions with Council in relation
this this matter there is unlikely to be one record. If you made
complaints and/or inquires in relation to this matter and were provided
with a reference number at the end of the call then there would be a
corresponding confirm enquiry trace form in relation to that call. If so,
the confirm enquiry trace forms identified under statement 1 would satisfy
this part of your request.
Statement 4:
Did John Petroro from City compliance create any documents pertaining to
this issue? I am trying to ascertain why he has not returned my calls. I
am seeking all internal comms over this issue of those 2 car seizures
between John, Simon his subordinate whose last name I also require, Dan
George his subordinate, Stuart whose last name I don’t have, Stuart’s
alleged comms to Lost Dogs home, whether Dan or anyone else communicated
with Lost Dogs home or internally. I’d also like all comms between Susie’s
Mansion (the lien holder) and Brimbank or about it. Again this is
connected directly with those 2 cat seizures.
In relation to the statement above, in my view you would be seeking:
All correspondence between any of the following parties in relation to the
two cat seizures including the Lost Dogs Home, John Petroro, Simon, Dan
George and Stuart and the personal affairs information of the Council
Officers listed.
All correspondence between Council and Susie’s Mansion in relation to the
two cat seizures including correspondence with the Lost Dogs Home
including the personal affairs information of Council Officers listed.
Statement 5:
Regarding counsel Ms Schultz was hired to appear with an instructor. Who
was he? Who hired her? I assume this is done by email and there is a
contract or both. This might give me the date she was hired. I am trying
to determine why she made submissions at 8 pm on the eve of the hearing
even though the council was not summoned to that emergency injunction
hearing.
All correspondence with Council’s counsel Ms Schultz and her associates in
relation to Council engaging Ms Schultz representation in relation to the
matter and relevant court hearings including the personal affairs
information of Ms Schultz.
Statement 6:
So basically when it boils down, I am seeking every document created
incidental to first contact by the resident seeking a ranger to collect
those 2 seized cats. One pathway begins 20 (or perhaps the day before
depending how much lead time the ranger had). The other being 2 days
later. I am seeking all documents from those dates until the present time
which arise from those seizures.
In relation to the statement above, in my view the documents identified
under statement 1 would satisfy this part of your request.
Statement 7:
The only documents not related specifically to the seizures are Dan
George’s terms of employment, his predecessor, his leave of absence etc. -
so the things I detailed in the original request please to try and
determine the terms of Mr George attaining his current position, his job
description, key performance indicators, employment contract and including
a direct contract with the man he had replaced. Everything else should be
documents created because of the seizures or my phone calls and law suit
which arose as a direct result of the seizures.
In relation to the statement above, in my view you would be seeking:
Any documents pertaining to the departure of Dan George’s predecessor
whether a resignation or dismissal letter and the terms of the hiring of
Mr George such as employment contract, job description and key performance
indicators. Any correspondence between Dan George and his predecessor in
relation to the matter.
Statement 8:
The final 2 things I would like to add please is a request for any
documents containing legal advice the council has received over the
concept of registration of animals and what rights it gives the council,
and any legal advice it has sought and received over claims of illegal or
wrongful seizure made by pet owners.
In relation to the statement above, in my view you would be seeking:
Copies of any legal advice Council has received in relation to:
a) The registration of animals in general and what rights the Council
has in relation to the registration of animals; and
b) Any claims made by pet owners in relation to illegal or wrongful
seizure of pets.
Statement 9:
The final request I wanted to add was for any documents again related to
these seizures but generated by the mayor, deputy mayor and the other
councillor, all 3 of Taylor’s Ward, as I reached out to all 3, multiple
times and didn’t hear boo. I’m trying to ascertain what documents are
created when I ring and text and leave voicemails, and wish to acquire
those please if they exist.
In relation to the statement above, in my view you would be seeking:
Copies of Councillor emails, voicemails, text messages and copies of
confirm enquiries created and records saved in Council’s record management
system, CM9 as a result of your emails, voicemails and text messages made
to the Mayor, Cr Bruce Lancashire, Deputy Mayor, Cr Ranka Rasic and Taylor
Ward Councillor, Cr Maria Kerr in relation to the matter.
Also can you please clarify if you are still seeking:
“A copy of the contract between The Lost Dogs Home and Council related to
the holding of seized animals on behalf of Council”?
Until your request is made in a manner required by section 17 of the Act,
it cannot be processed and the 30 day time period within which a decision
must be made on your request has not commenced.
If you have any questions please call 9249 4000.
Regards,
[1]Council Amanda Marijanovic
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
-
T +61 3 9249 4000 | F +61 3
9249 4351 |
[2]www.brimbank.vic.gov.au
[3]Facebook[4]Twitter[5]Linked
in[6]You Tube
[7]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[FOI #10717 email]>
Sent: Monday, 23 October 2023 1:12 AM
To: FOI Request <[email address]>
Subject: Re: Freedom of Information request - Seizure of cats
Dear Amanda,
Thank you for your detailed reply. So the freedom of INFORMATION act is
about documents and not information. I appreciate what you’re saying , but
the problem is I don’t actually know what internal processes are
necessarily used to create the documents where the information is housed
so if I give details about the information I would like, the hope is that
you’re able to find out how it is documented in order to extract that
document as internal procedures differ between each agency?
For example, a recording of a phone call is a document, but perhaps they
don’t record internal calls there at the Council but they take notes as to
what we said using some sort of management software. Or perhaps they have
a policy to send follow up emails after calls so that it contains in
writing what was discussed. All I know is that I need the substantive
information that was exchanged during the communication. Apart from that I
cannot be more specific as it is not possible for me to know, not working
for council.
What I wanted to clarify in my request please is:
There was allegedly cat seizures on both 20 and 22 September from Old
Calder Hwy Keilor. Was it the same ranger? On the 20th was a female
ranger. When the resident calls up to report they have caught a “stray”
animal I assume a process is begun on each animal starting at the taking
of the call. I would like please all documents from start to end on each
of those cats (at least 2 to start with on those dates given).
According to the domestic animal act (DAA) 1994 there is a logging
requirement for all seizures and transport of animals. I don’t know if
that’s a logbook or a computer or how that looks, but I would like please
to acquire anything the resident had to fill out or answer over the phone
and was filled out for them before sending the ranger and during her
visits (such as if they are asked if they know who the animal belongs to,
etc).
There is also the added element of my interaction with the council over
this issue. Something was added to a profile so that whenever I rang up I
was refused service due to a reference to my lawsuit. I’d like to see all
data on my profile and who put it there.
Did John Petroro from City compliance create any documents pertaining to
this issue? I am trying to ascertain why he has not returned my calls. I
am seeking all internal comms over this issue of those 2 car seizures
between John, Simon his subordinate whose last name I also require, Dan
George his subordinate, Stuart whose last name I don’t have, Stuart’s
alleged comms to Lost Dogs home, whether Dan or anyone else communicated
with Lost Dogs home or internally. I’d also like all comms between Susie’s
Mansion (the lien holder) and Brimbank or about it. Again this is
connected directly with those 2 cat seizures.
Regarding counsel Ms Schultz was hired to appear with an instructor. Who
was he? Who hired her? I assume this is done by email and there is a
contract or both. This might give me the date she was hired. I am trying
to determine why she made submissions at 8 pm on the eve of the hearing
even though the council was not summoned to that emergency injunction
hearing.
So basically when it boils down, I am seeking every document created
incidental to first contact by the resident seeking a ranger to collect
those 2 seized cats. One pathway begins 20 (or perhaps the day before
depending how much lead time the ranger had). The other being 2 days
later. I am seeking all documents from those dates until the present time
which arise from those seizures.
The only documents not related specifically to the seizures are Dan
George’s terms of employment, his predecessor, his leave of absence etc. -
so the things I detailed in the original request please to try and
determine the terms of Mr George attaining his current position, his job
description, key performance indicators, employment contract and including
a direct contract with the man he had replaced. Everything else should be
documents created because of the seizures or my phone calls and law suit
which arose as a direct result of the seizures.
The final 2 things I would like to add please is a request for any
documents containing legal advice the council has received over the
concept of registration of animals and what rights it gives the council,
and any legal advice it has sought and received over claims of illegal or
wrongful seizure made by pet owners.
The requests are not that long i just have added a lot of information to
make sure we’re on the same page so please don’t be put off. If any issues
please let me know.
The final request I wanted to add was for any documents again related to
these seizures but generated by the mayor, deputy mayor and the other
councillor, all 3 of Taylor’s Ward, as I reached out to all 3, multiple
times and didn’t hear boo. I’m trying to ascertain what documents are
created when I ring and text and leave voicemails, and wish to acquire
those please if they exist.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear Amanda at FOI Request dept for Brimbank CC,
Thank you for your comprehensive reply.
I accept on face value the documents you have suggested though I’m not confident that some of them sound like they have the appropriate name for FOI. I won’t know if they are sufficient until receiving them, so have to take your lead on this. Thank you for your continued efforts. I look forward to fulfilment of this enquiry as soon as practicable.
For the record, I was forced by BCC to make this FOI under duress and protest. They did not need this to provide me most of the information requested, so if that is what your issue is (see below), the council has induced me into relying on its representations in good faith that I would receive the information via FOI and I have relied on that to my severe detriment. Now you say some particular format is required to satisfy s17 that you raised at the end of your reply, so that time can start running. I thought it started running when Simon told me he received the request and made no objections known! Notwithstanding, please advise what else is necessary asap as it sounds like I have another 30 days wait or longer.
Yes please, I still require the contracts between council and the lost dogs home please and any other proposed contracts between other animal shelters and BCC that it considered or is considering aside from the current one. Thank you.
Finally, when I called the council from my mobile number, my work mobile or a private number, the responses from the operators were very different until I identified myself. Whenever finding out who I was, by phone number or after conversing on the phone, they always immediately refused to engage any further and stated there were notes indicating that there is an active court case so weren’t allowed to assist me any further. These operators were working from home, presumably all over Melbourne. They all got the same information to read out to me and were identity related not query related, using caller ID or a positive ID from our conversation if calling on private or from a different number. Also one operator confirmed that they had recorded my work mobile against my records though I did not request this nor was it raised. Simply because I had called several times from that number.
I narrate the above specifically to establish sufficient proof, that, just like many private companies, tribunals and government agencies, Brimbank is also using a system that links with caller ID, which then loads a profile or open matters related to the caller. My FOI request is for documents pertaining to this system, including what it is, how it works, what information is put in there (so a copy of the procedural manual or guidelines/policies for employees to follow). Are all phone numbers recorded against a called or only when a matter is open? I don’t have any receipt number to provide I don’t think, but would like the general information on this system/practice/procedure please from whatever documents here documents detail this.
I am hoping those documents contain among other info, insights into what happens when an operator works remotely, what system is used to route calls to them, what it looks like on screen when they receive a call, how they then liaise with council employees or contractors or transfer the caller, if/how they also use CM9 or other case management software to log info (by matter I think you were saying, not personal identity) and whether/why/how operators claim not to be permitted to divulge last names or email addresses of publicly funded council employees and contractors. Presumably there is some sort of guide or rule book? Again, I can’t identify documents while not working there or they are kept secret from the rate payers. I humbly and politely am requesting information under freedom of information under duress and protest because that is what council employees demanded and pre-consented to.
Again thank you for your time.
If any request comes back from you as not eligible for FOI as it is personal info or similar objection, I would conclude that the documents with the word “personal” in their descriptive names which you referenced must not be the ones I am after and so would seek to rectify this by amending any invalid or unclear requests should the case arise.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear Mr Scott,
I refer to your application in which you sought access to various
documents under the Freedom of Information Act 1982 (Act).
By your request, you seek access to the following:
1. Copies of confirm enquiry trace forms and any other documentation
for cat seizures on 20 and 22 September from Old Calder Hwy Keilor (the
matter) and that you are seeking the personal affairs information of the
ranger who collected the cats;
2. All correspondence between any of the following parties in
relation to the two cat seizures including the Lost Dogs Home, John
Petroro, Simon, Dan George and Stuart and the personal affairs information
of the Council Officers listed;
3. All correspondence between Council and Susie’s Mansion in
relation to the two cat seizures including correspondence with the Lost
Dogs Home including the personal affairs information of Council Officers
listed;
4. All correspondence with Council’s counsel Ms Schultz and her
associates in relation to Council engaging Ms Schultz representation in
relation to the matter and relevant court hearings including the personal
affairs information of Ms Schultz;
5. Any documents pertaining to the departure of Dan George’s
predecessor whether a resignation or dismissal letter and the terms of the
hiring of Mr George such as employment contract, job description and key
performance indicators;
6. Any correspondence between Dan George and his predecessor in
relation to the matter;
7. Copies of any legal advice Council has received in relation to:
a. The registration of animals in general and what rights the
Council has in relation to the registration of animals; and
b. Any claims made by pet owners in relation to illegal or wrongful
seizure of pets;
8. Copies of Councillor emails, voicemails, text messages and copies
of confirm enquiries created and records saved in Council’s record
management system, CM9 as a result of your emails, voicemails and text
messages made to the Mayor Cr Ranka Rasic, and Taylor Ward Councillors, Cr
Maria Kerr and Cr Bruce Lancashire in relation to the matter;
9. Copies of the contracts between council and the lost dogs home
please and any other proposed contracts between other animal shelters and
BCC that it considered or is considering aside from the current one.
In relation to your request for further types of documents I can advise
the following:
“I narrate the above specifically to establish sufficient proof, that,
just like many private companies, tribunals and government agencies,
Brimbank is also using a system that links with caller ID, which then
loads a profile or open matters related to the caller. My FOI request is
for documents pertaining to this system, including what it is, how it
works, what information is put in there (so a copy of the procedural
manual or guidelines/policies for employees to follow). Are all phone
numbers recorded against a called or only when a matter is open? I don’t
have any receipt number to provide I don’t think, but would like the
general information on this system/practice/procedure please from whatever
documents here documents detail this.”
In relation to the statement above I can advise that Council does not have
a system that links caller ID. As Council does not have such a system
there are no procedural manuals, guidelines or policies for employee use
of such a system.
As you are aware, the Act creates a right of access to documents of a
Council. Section 13 of the Act states that the right of access is to be
exercised “in accordance with this Act.” Section 17 of the Act sets out
the procedural requirements to be satisfied for a valid request for access
to documents to exist.
One of those requirements is that the request must provide such
information concerning the documents you seek as is reasonably necessary
to enable the Council to identify the documents sought. That is, you must
strive to define with as much precision as possible the documents sought
in terms that would enable an appropriate officer of the Council to
constructively search for those documents. If a request is ambiguous,
unclear or otherwise ill defined, it does not comply with the Act and need
not be processed.
For example in relation to the following statement:
“Finally, when I called the council from my mobile number, my work mobile
or a private number, the responses from the operators were very different
until I identified myself. Whenever finding out who I was, by phone number
or after conversing on the phone, they always immediately refused to
engage any further and stated there were notes indicating that there is an
active court case so weren’t allowed to assist me any further. These
operators were working from home, presumably all over Melbourne. They all
got the same information to read out to me and were identity related not
query related, using caller ID or a positive ID from our conversation if
calling on private or from a different number. Also one operator confirmed
that they had recorded my work mobile against my records though I did not
request this nor was it raised. Simply because I had called several times
from that number.”
In relation to the statement above, in my view you would be seeking:
“Copy of notification provided to Customer Service Officers in relation to
calls from Mr Drew Scott.”
“I am hoping those documents contain among other info, insights into what
happens when an operator works remotely, what system is used to route
calls to them, what it looks like on screen when they receive a call, how
they then liaise with council employees or contractors or transfer the
caller, if/how they also use CM9 or other case management software to log
info (by matter I think you were saying, not personal identity) and
whether/why/how operators claim not to be permitted to divulge last names
or email addresses of publicly funded council employees and contractors.
Presumably there is some sort of guide or rule book? Again, I can’t
identify documents while not working there or they are kept secret from
the rate payers. I humbly and politely am requesting information under
freedom of information under duress and protest because that is what
council employees demanded and pre-consented to.”
In relation to the statement above I can advise that Council uses Shortel
Connect to receive and transfer calls. Following are links to publicly
available videos on how to use this system:
[1]How to answer a call
[2]Transferring a call
In relation to the statement above, in my view you would be seeking:
“A copy of Council’s procedural manual on how to use CM9;
A copy of Council’s procedural manual on how to use confirm; and
Extract of Customer Service Knowledge Base regarding staff personal
information.”
Consultation
Accordingly, I invite you to consult with the Council with a view to
amending or clarifying your request so that it is in a form which complies
with section 17 and provides the information necessary to enable the
Council to identify the documents sought.
Please telephone me on 9249 4000 to arrange a consultation.
Alternatively, you may wish to submit an amended request to clarify the
issues raised above by email to [3][email address] .
Until your request is made in a manner required by section 17 of the Act,
it cannot be processed and the 30 day time period within which a decision
must be made on your request has not commenced.
Regards,
[4]Council Amanda Marijanovic
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
-
T +61 3 9249 4000 | F +61 3
9249 4351 |
[5]www.brimbank.vic.gov.au
[6]Facebook[7]Twitter[8]Linked
in[9]You Tube
[10]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[FOI #10717 email]>
Sent: Tuesday, 7 November 2023 2:05 PM
To: FOI Request <[email address]>
Subject: Re: Freedom of Information request - Seizure of cats
Dear Amanda at FOI Request dept for Brimbank CC,
Thank you for your comprehensive reply.
I accept on face value the documents you have suggested though I’m not
confident that some of them sound like they have the appropriate name for
FOI. I won’t know if they are sufficient until receiving them, so have to
take your lead on this. Thank you for your continued efforts. I look
forward to fulfilment of this enquiry as soon as practicable.
For the record, I was forced by BCC to make this FOI under duress and
protest. They did not need this to provide me most of the information
requested, so if that is what your issue is (see below), the council has
induced me into relying on its representations in good faith that I would
receive the information via FOI and I have relied on that to my severe
detriment. Now you say some particular format is required to satisfy s17
that you raised at the end of your reply, so that time can start running.
I thought it started running when Simon told me he received the request
and made no objections known! Notwithstanding, please advise what else is
necessary asap as it sounds like I have another 30 days wait or longer.
Yes please, I still require the contracts between council and the lost
dogs home please and any other proposed contracts between other animal
shelters and BCC that it considered or is considering aside from the
current one. Thank you.
Finally, when I called the council from my mobile number, my work mobile
or a private number, the responses from the operators were very different
until I identified myself. Whenever finding out who I was, by phone number
or after conversing on the phone, they always immediately refused to
engage any further and stated there were notes indicating that there is an
active court case so weren’t allowed to assist me any further. These
operators were working from home, presumably all over Melbourne. They all
got the same information to read out to me and were identity related not
query related, using caller ID or a positive ID from our conversation if
calling on private or from a different number. Also one operator confirmed
that they had recorded my work mobile against my records though I did not
request this nor was it raised. Simply because I had called several times
from that number.
I narrate the above specifically to establish sufficient proof, that, just
like many private companies, tribunals and government agencies, Brimbank
is also using a system that links with caller ID, which then loads a
profile or open matters related to the caller. My FOI request is for
documents pertaining to this system, including what it is, how it works,
what information is put in there (so a copy of the procedural manual or
guidelines/policies for employees to follow). Are all phone numbers
recorded against a called or only when a matter is open? I don’t have any
receipt number to provide I don’t think, but would like the general
information on this system/practice/procedure please from whatever
documents here documents detail this.
I am hoping those documents contain among other info, insights into what
happens when an operator works remotely, what system is used to route
calls to them, what it looks like on screen when they receive a call, how
they then liaise with council employees or contractors or transfer the
caller, if/how they also use CM9 or other case management software to log
info (by matter I think you were saying, not personal identity) and
whether/why/how operators claim not to be permitted to divulge last names
or email addresses of publicly funded council employees and contractors.
Presumably there is some sort of guide or rule book? Again, I can’t
identify documents while not working there or they are kept secret from
the rate payers. I humbly and politely am requesting information under
freedom of information under duress and protest because that is what
council employees demanded and pre-consented to.
Again thank you for your time.
If any request comes back from you as not eligible for FOI as it is
personal info or similar objection, I would conclude that the documents
with the word “personal” in their descriptive names which you referenced
must not be the ones I am after and so would seek to rectify this by
amending any invalid or unclear requests should the case arise.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear Mr Scott,
Council has not heard from you in relation to this request or received a
clarification. If a clarification is not received from you within in 7
days, Council will consider this to mean that you do not wish to proceed
with your request.
Please telephone me on 9249 4000 if you have any questions.
Alternatively, you may wish to submit an amended request to clarify the
issues raised in the email below to [1][email address] by
20 December 2023.
Regards,
[2]Council Amanda Marijanovic (She/Her)
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
Brimbank Community and Civic
Centre - 301 Hampshire Road,
Sunshine
T +61 3 9249 4000 | F +61 3
9249 4351 |
[3]www.brimbank.vic.gov.au
[4]Facebook[5]Twitter[6]Linked
in[7]You Tube
[8]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Amanda Marijanovic (She/Her) On Behalf Of FOI Request
Sent: Tuesday, 21 November 2023 4:12 PM
To: 'Drew Scott, Esq. LLB BCom GradDipLP'
<[FOI #10717 email]>
Subject: Freedom of Information request - Seizure of cats
Dear Mr Scott,
I refer to your application in which you sought access to various
documents under the Freedom of Information Act 1982 (Act).
By your request, you seek access to the following:
1. Copies of confirm enquiry trace forms and any other documentation
for cat seizures on 20 and 22 September from Old Calder Hwy Keilor (the
matter) and that you are seeking the personal affairs information of the
ranger who collected the cats;
2. All correspondence between any of the following parties in
relation to the two cat seizures including the Lost Dogs Home, John
Petroro, Simon, Dan George and Stuart and the personal affairs information
of the Council Officers listed;
3. All correspondence between Council and Susie’s Mansion in
relation to the two cat seizures including correspondence with the Lost
Dogs Home including the personal affairs information of Council Officers
listed;
4. All correspondence with Council’s counsel Ms Schultz and her
associates in relation to Council engaging Ms Schultz representation in
relation to the matter and relevant court hearings including the personal
affairs information of Ms Schultz;
5. Any documents pertaining to the departure of Dan George’s
predecessor whether a resignation or dismissal letter and the terms of the
hiring of Mr George such as employment contract, job description and key
performance indicators;
6. Any correspondence between Dan George and his predecessor in
relation to the matter;
7. Copies of any legal advice Council has received in relation to:
a. The registration of animals in general and what rights the
Council has in relation to the registration of animals; and
b. Any claims made by pet owners in relation to illegal or wrongful
seizure of pets;
8. Copies of Councillor emails, voicemails, text messages and copies
of confirm enquiries created and records saved in Council’s record
management system, CM9 as a result of your emails, voicemails and text
messages made to the Mayor Cr Ranka Rasic, and Taylor Ward Councillors, Cr
Maria Kerr and Cr Bruce Lancashire in relation to the matter;
9. Copies of the contracts between council and the lost dogs home
please and any other proposed contracts between other animal shelters and
BCC that it considered or is considering aside from the current one.
In relation to your request for further types of documents I can advise
the following:
“I narrate the above specifically to establish sufficient proof, that,
just like many private companies, tribunals and government agencies,
Brimbank is also using a system that links with caller ID, which then
loads a profile or open matters related to the caller. My FOI request is
for documents pertaining to this system, including what it is, how it
works, what information is put in there (so a copy of the procedural
manual or guidelines/policies for employees to follow). Are all phone
numbers recorded against a called or only when a matter is open? I don’t
have any receipt number to provide I don’t think, but would like the
general information on this system/practice/procedure please from whatever
documents here documents detail this.”
In relation to the statement above I can advise that Council does not have
a system that links caller ID. As Council does not have such a system
there are no procedural manuals, guidelines or policies for employee use
of such a system.
As you are aware, the Act creates a right of access to documents of a
Council. Section 13 of the Act states that the right of access is to be
exercised “in accordance with this Act.” Section 17 of the Act sets out
the procedural requirements to be satisfied for a valid request for access
to documents to exist.
One of those requirements is that the request must provide such
information concerning the documents you seek as is reasonably necessary
to enable the Council to identify the documents sought. That is, you must
strive to define with as much precision as possible the documents sought
in terms that would enable an appropriate officer of the Council to
constructively search for those documents. If a request is ambiguous,
unclear or otherwise ill defined, it does not comply with the Act and need
not be processed.
For example in relation to the following statement:
“Finally, when I called the council from my mobile number, my work mobile
or a private number, the responses from the operators were very different
until I identified myself. Whenever finding out who I was, by phone number
or after conversing on the phone, they always immediately refused to
engage any further and stated there were notes indicating that there is an
active court case so weren’t allowed to assist me any further. These
operators were working from home, presumably all over Melbourne. They all
got the same information to read out to me and were identity related not
query related, using caller ID or a positive ID from our conversation if
calling on private or from a different number. Also one operator confirmed
that they had recorded my work mobile against my records though I did not
request this nor was it raised. Simply because I had called several times
from that number.”
In relation to the statement above, in my view you would be seeking:
“Copy of notification provided to Customer Service Officers in relation to
calls from Mr Drew Scott.”
“I am hoping those documents contain among other info, insights into what
happens when an operator works remotely, what system is used to route
calls to them, what it looks like on screen when they receive a call, how
they then liaise with council employees or contractors or transfer the
caller, if/how they also use CM9 or other case management software to log
info (by matter I think you were saying, not personal identity) and
whether/why/how operators claim not to be permitted to divulge last names
or email addresses of publicly funded council employees and contractors.
Presumably there is some sort of guide or rule book? Again, I can’t
identify documents while not working there or they are kept secret from
the rate payers. I humbly and politely am requesting information under
freedom of information under duress and protest because that is what
council employees demanded and pre-consented to.”
In relation to the statement above I can advise that Council uses Shortel
Connect to receive and transfer calls. Following are links to publicly
available videos on how to use this system:
[9]How to answer a call
[10]Transferring a call
In relation to the statement above, in my view you would be seeking:
“A copy of Council’s procedural manual on how to use CM9;
A copy of Council’s procedural manual on how to use confirm; and
Extract of Customer Service Knowledge Base regarding staff personal
information.”
Consultation
Accordingly, I invite you to consult with the Council with a view to
amending or clarifying your request so that it is in a form which complies
with section 17 and provides the information necessary to enable the
Council to identify the documents sought.
Please telephone me on 9249 4000 to arrange a consultation.
Alternatively, you may wish to submit an amended request to clarify the
issues raised above by email to [11][email address] .
Until your request is made in a manner required by section 17 of the Act,
it cannot be processed and the 30 day time period within which a decision
must be made on your request has not commenced.
Regards,
[12]Council Amanda Marijanovic
Website Senior Freedom of Information and
Privacy Officer | Governance and
Risk
-
T +61 3 9249 4000 | F +61 3 9249
4351 |
[13]www.brimbank.vic.gov.au
[14]Facebook[15]Twitter[16]Linked
in[17]You Tube
[18]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[19][FOI #10717 email]>
Sent: Tuesday, 7 November 2023 2:05 PM
To: FOI Request <[20][email address]>
Subject: Re: Freedom of Information request - Seizure of cats
Dear Amanda at FOI Request dept for Brimbank CC,
Thank you for your comprehensive reply.
I accept on face value the documents you have suggested though I’m not
confident that some of them sound like they have the appropriate name for
FOI. I won’t know if they are sufficient until receiving them, so have to
take your lead on this. Thank you for your continued efforts. I look
forward to fulfilment of this enquiry as soon as practicable.
For the record, I was forced by BCC to make this FOI under duress and
protest. They did not need this to provide me most of the information
requested, so if that is what your issue is (see below), the council has
induced me into relying on its representations in good faith that I would
receive the information via FOI and I have relied on that to my severe
detriment. Now you say some particular format is required to satisfy s17
that you raised at the end of your reply, so that time can start running.
I thought it started running when Simon told me he received the request
and made no objections known! Notwithstanding, please advise what else is
necessary asap as it sounds like I have another 30 days wait or longer.
Yes please, I still require the contracts between council and the lost
dogs home please and any other proposed contracts between other animal
shelters and BCC that it considered or is considering aside from the
current one. Thank you.
Finally, when I called the council from my mobile number, my work mobile
or a private number, the responses from the operators were very different
until I identified myself. Whenever finding out who I was, by phone number
or after conversing on the phone, they always immediately refused to
engage any further and stated there were notes indicating that there is an
active court case so weren’t allowed to assist me any further. These
operators were working from home, presumably all over Melbourne. They all
got the same information to read out to me and were identity related not
query related, using caller ID or a positive ID from our conversation if
calling on private or from a different number. Also one operator confirmed
that they had recorded my work mobile against my records though I did not
request this nor was it raised. Simply because I had called several times
from that number.
I narrate the above specifically to establish sufficient proof, that, just
like many private companies, tribunals and government agencies, Brimbank
is also using a system that links with caller ID, which then loads a
profile or open matters related to the caller. My FOI request is for
documents pertaining to this system, including what it is, how it works,
what information is put in there (so a copy of the procedural manual or
guidelines/policies for employees to follow). Are all phone numbers
recorded against a called or only when a matter is open? I don’t have any
receipt number to provide I don’t think, but would like the general
information on this system/practice/procedure please from whatever
documents here documents detail this.
I am hoping those documents contain among other info, insights into what
happens when an operator works remotely, what system is used to route
calls to them, what it looks like on screen when they receive a call, how
they then liaise with council employees or contractors or transfer the
caller, if/how they also use CM9 or other case management software to log
info (by matter I think you were saying, not personal identity) and
whether/why/how operators claim not to be permitted to divulge last names
or email addresses of publicly funded council employees and contractors.
Presumably there is some sort of guide or rule book? Again, I can’t
identify documents while not working there or they are kept secret from
the rate payers. I humbly and politely am requesting information under
freedom of information under duress and protest because that is what
council employees demanded and pre-consented to.
Again thank you for your time.
If any request comes back from you as not eligible for FOI as it is
personal info or similar objection, I would conclude that the documents
with the word “personal” in their descriptive names which you referenced
must not be the ones I am after and so would seek to rectify this by
amending any invalid or unclear requests should the case arise.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear Mr Scott,
Council has not heard from you in relation to this request. Council
considers this to mean that you do not wish to proceed with this request
and the file has been closed.
Regards,
[1]Council Amanda Marijanovic (She/Her)
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
Brimbank Community and Civic
Centre - 301 Hampshire Road,
Sunshine
T +61 3 9249 4000 | F +61 3
9249 4351 |
[2]www.brimbank.vic.gov.au
[3]Facebook[4]Twitter[5]Linked
in[6]You Tube
[7]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Amanda Marijanovic (She/Her) On Behalf Of FOI Request
Sent: Wednesday, 13 December 2023 11:39 AM
To: 'Drew Scott, Esq. LLB BCom GradDipLP'
<[FOI #10717 email]>
Subject: Freedom of Information request - Seizure of cats
Dear Mr Scott,
Council has not heard from you in relation to this request or received a
clarification. If a clarification is not received from you within in 7
days, Council will consider this to mean that you do not wish to proceed
with your request.
Please telephone me on 9249 4000 if you have any questions.
Alternatively, you may wish to submit an amended request to clarify the
issues raised in the email below to [8][email address] by
20 December 2023.
Regards,
[9]Council Amanda Marijanovic (She/Her)
Website Senior Freedom of Information and
Privacy Officer | Governance and
Risk
Brimbank Community and Civic
Centre - 301 Hampshire Road,
Sunshine
T +61 3 9249 4000 | F +61 3
9249 4351 |
[10]www.brimbank.vic.gov.au
[11]Facebook[12]Twitter[13]Linked
in[14]You Tube
[15]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Amanda Marijanovic (She/Her) On Behalf Of FOI Request
Sent: Tuesday, 21 November 2023 4:12 PM
To: 'Drew Scott, Esq. LLB BCom GradDipLP'
<[16][FOI #10717 email]>
Subject: Freedom of Information request - Seizure of cats
Dear Mr Scott,
I refer to your application in which you sought access to various
documents under the Freedom of Information Act 1982 (Act).
By your request, you seek access to the following:
1. Copies of confirm enquiry trace forms and any other documentation
for cat seizures on 20 and 22 September from Old Calder Hwy Keilor (the
matter) and that you are seeking the personal affairs information of the
ranger who collected the cats;
2. All correspondence between any of the following parties in
relation to the two cat seizures including the Lost Dogs Home, John
Petroro, Simon, Dan George and Stuart and the personal affairs information
of the Council Officers listed;
3. All correspondence between Council and Susie’s Mansion in
relation to the two cat seizures including correspondence with the Lost
Dogs Home including the personal affairs information of Council Officers
listed;
4. All correspondence with Council’s counsel Ms Schultz and her
associates in relation to Council engaging Ms Schultz representation in
relation to the matter and relevant court hearings including the personal
affairs information of Ms Schultz;
5. Any documents pertaining to the departure of Dan George’s
predecessor whether a resignation or dismissal letter and the terms of the
hiring of Mr George such as employment contract, job description and key
performance indicators;
6. Any correspondence between Dan George and his predecessor in
relation to the matter;
7. Copies of any legal advice Council has received in relation to:
a. The registration of animals in general and what rights the
Council has in relation to the registration of animals; and
b. Any claims made by pet owners in relation to illegal or wrongful
seizure of pets;
8. Copies of Councillor emails, voicemails, text messages and copies
of confirm enquiries created and records saved in Council’s record
management system, CM9 as a result of your emails, voicemails and text
messages made to the Mayor Cr Ranka Rasic, and Taylor Ward Councillors, Cr
Maria Kerr and Cr Bruce Lancashire in relation to the matter;
9. Copies of the contracts between council and the lost dogs home
please and any other proposed contracts between other animal shelters and
BCC that it considered or is considering aside from the current one.
In relation to your request for further types of documents I can advise
the following:
“I narrate the above specifically to establish sufficient proof, that,
just like many private companies, tribunals and government agencies,
Brimbank is also using a system that links with caller ID, which then
loads a profile or open matters related to the caller. My FOI request is
for documents pertaining to this system, including what it is, how it
works, what information is put in there (so a copy of the procedural
manual or guidelines/policies for employees to follow). Are all phone
numbers recorded against a called or only when a matter is open? I don’t
have any receipt number to provide I don’t think, but would like the
general information on this system/practice/procedure please from whatever
documents here documents detail this.”
In relation to the statement above I can advise that Council does not have
a system that links caller ID. As Council does not have such a system
there are no procedural manuals, guidelines or policies for employee use
of such a system.
As you are aware, the Act creates a right of access to documents of a
Council. Section 13 of the Act states that the right of access is to be
exercised “in accordance with this Act.” Section 17 of the Act sets out
the procedural requirements to be satisfied for a valid request for access
to documents to exist.
One of those requirements is that the request must provide such
information concerning the documents you seek as is reasonably necessary
to enable the Council to identify the documents sought. That is, you must
strive to define with as much precision as possible the documents sought
in terms that would enable an appropriate officer of the Council to
constructively search for those documents. If a request is ambiguous,
unclear or otherwise ill defined, it does not comply with the Act and need
not be processed.
For example in relation to the following statement:
“Finally, when I called the council from my mobile number, my work mobile
or a private number, the responses from the operators were very different
until I identified myself. Whenever finding out who I was, by phone number
or after conversing on the phone, they always immediately refused to
engage any further and stated there were notes indicating that there is an
active court case so weren’t allowed to assist me any further. These
operators were working from home, presumably all over Melbourne. They all
got the same information to read out to me and were identity related not
query related, using caller ID or a positive ID from our conversation if
calling on private or from a different number. Also one operator confirmed
that they had recorded my work mobile against my records though I did not
request this nor was it raised. Simply because I had called several times
from that number.”
In relation to the statement above, in my view you would be seeking:
“Copy of notification provided to Customer Service Officers in relation to
calls from Mr Drew Scott.”
“I am hoping those documents contain among other info, insights into what
happens when an operator works remotely, what system is used to route
calls to them, what it looks like on screen when they receive a call, how
they then liaise with council employees or contractors or transfer the
caller, if/how they also use CM9 or other case management software to log
info (by matter I think you were saying, not personal identity) and
whether/why/how operators claim not to be permitted to divulge last names
or email addresses of publicly funded council employees and contractors.
Presumably there is some sort of guide or rule book? Again, I can’t
identify documents while not working there or they are kept secret from
the rate payers. I humbly and politely am requesting information under
freedom of information under duress and protest because that is what
council employees demanded and pre-consented to.”
In relation to the statement above I can advise that Council uses Shortel
Connect to receive and transfer calls. Following are links to publicly
available videos on how to use this system:
[17]How to answer a call
[18]Transferring a call
In relation to the statement above, in my view you would be seeking:
“A copy of Council’s procedural manual on how to use CM9;
A copy of Council’s procedural manual on how to use confirm; and
Extract of Customer Service Knowledge Base regarding staff personal
information.”
Consultation
Accordingly, I invite you to consult with the Council with a view to
amending or clarifying your request so that it is in a form which complies
with section 17 and provides the information necessary to enable the
Council to identify the documents sought.
Please telephone me on 9249 4000 to arrange a consultation.
Alternatively, you may wish to submit an amended request to clarify the
issues raised above by email to [19][email address] .
Until your request is made in a manner required by section 17 of the Act,
it cannot be processed and the 30 day time period within which a decision
must be made on your request has not commenced.
Regards,
[20]Council Amanda Marijanovic
Website Senior Freedom of Information and
Privacy Officer | Governance and
Risk
-
T +61 3 9249 4000 | F +61 3 9249
4351 |
[21]www.brimbank.vic.gov.au
[22]Facebook[23]Twitter[24]Linked
in[25]You Tube
[26]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[27][FOI #10717 email]>
Sent: Tuesday, 7 November 2023 2:05 PM
To: FOI Request <[28][email address]>
Subject: Re: Freedom of Information request - Seizure of cats
Dear Amanda at FOI Request dept for Brimbank CC,
Thank you for your comprehensive reply.
I accept on face value the documents you have suggested though I’m not
confident that some of them sound like they have the appropriate name for
FOI. I won’t know if they are sufficient until receiving them, so have to
take your lead on this. Thank you for your continued efforts. I look
forward to fulfilment of this enquiry as soon as practicable.
For the record, I was forced by BCC to make this FOI under duress and
protest. They did not need this to provide me most of the information
requested, so if that is what your issue is (see below), the council has
induced me into relying on its representations in good faith that I would
receive the information via FOI and I have relied on that to my severe
detriment. Now you say some particular format is required to satisfy s17
that you raised at the end of your reply, so that time can start running.
I thought it started running when Simon told me he received the request
and made no objections known! Notwithstanding, please advise what else is
necessary asap as it sounds like I have another 30 days wait or longer.
Yes please, I still require the contracts between council and the lost
dogs home please and any other proposed contracts between other animal
shelters and BCC that it considered or is considering aside from the
current one. Thank you.
Finally, when I called the council from my mobile number, my work mobile
or a private number, the responses from the operators were very different
until I identified myself. Whenever finding out who I was, by phone number
or after conversing on the phone, they always immediately refused to
engage any further and stated there were notes indicating that there is an
active court case so weren’t allowed to assist me any further. These
operators were working from home, presumably all over Melbourne. They all
got the same information to read out to me and were identity related not
query related, using caller ID or a positive ID from our conversation if
calling on private or from a different number. Also one operator confirmed
that they had recorded my work mobile against my records though I did not
request this nor was it raised. Simply because I had called several times
from that number.
I narrate the above specifically to establish sufficient proof, that, just
like many private companies, tribunals and government agencies, Brimbank
is also using a system that links with caller ID, which then loads a
profile or open matters related to the caller. My FOI request is for
documents pertaining to this system, including what it is, how it works,
what information is put in there (so a copy of the procedural manual or
guidelines/policies for employees to follow). Are all phone numbers
recorded against a called or only when a matter is open? I don’t have any
receipt number to provide I don’t think, but would like the general
information on this system/practice/procedure please from whatever
documents here documents detail this.
I am hoping those documents contain among other info, insights into what
happens when an operator works remotely, what system is used to route
calls to them, what it looks like on screen when they receive a call, how
they then liaise with council employees or contractors or transfer the
caller, if/how they also use CM9 or other case management software to log
info (by matter I think you were saying, not personal identity) and
whether/why/how operators claim not to be permitted to divulge last names
or email addresses of publicly funded council employees and contractors.
Presumably there is some sort of guide or rule book? Again, I can’t
identify documents while not working there or they are kept secret from
the rate payers. I humbly and politely am requesting information under
freedom of information under duress and protest because that is what
council employees demanded and pre-consented to.
Again thank you for your time.
If any request comes back from you as not eligible for FOI as it is
personal info or similar objection, I would conclude that the documents
with the word “personal” in their descriptive names which you referenced
must not be the ones I am after and so would seek to rectify this by
amending any invalid or unclear requests should the case arise.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear FOI Request,
It’s not that 4 days before Christmas that the request I had worked on for months, I no longer wanted. (Lovely Christmas present to have my request closed don’t you think?). It just happened to be the same day my father passed away. So please forgive me that since I am not getting paid to spend my working day responding to FOI, and don’t have a team of staff, that when something unexpected comes up, I don’t have other team members to fall back on and this is not part of my paid employment, so might need longer than your publicly funded department to be able to comply with your request, especially when it appears that this alleged requirement could have been mentioned a lot earlier and saved me a lot of time and effort going no where. Of course, you get paid either way. I don’t. I lose pay from missing paid work to try and acquire these documents.
Please kindly reopen my request and give me a call please. My technology doesn’t work half the time. Is it too much to ask to pick up the phone instead of assuming I had received your messages which I had not?
Thank you in advance for doing the right thing considering my situation since December. I was also seriously injured in an accident and sustained whiplash and face lacerations and suffered debilitating pain throughout January. This was the earliest I could write back sorry.
I also have certified disabilities which require reasonable adjustments by operation of disability discrimination and equal opportunity laws. It would be indirect discrimination to expect me to meet the standards of non-handicapped requesters.
Appreciate your compassion and understanding. I share such personal info on this site in order to assist other handicapped requesters via my experience to avoid these various traps when making their FOI requests themselves.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear Mr Scott,
Thank you for your email. My condolences to you regarding the passing of
your father. I’m also sorry to hear about the injuries you have
sustained.
I am happy to give you a call. Can you please provide me with your
contact number? Or please call me on 9249 4000.
Regards,
[1]Council Amanda Marijanovic (She/Her)
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
Brimbank Community and Civic
Centre - 301 Hampshire Road,
Sunshine
T +61 3 9249 4000 | F +61 3
9249 4351 |
[2]www.brimbank.vic.gov.au
[3]Facebook[4]Twitter[5]Linked
in[6]You Tube
[7]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[FOI #10717 email]>
Sent: Monday, 4 March 2024 2:08 AM
To: FOI Request <[email address]>
Subject: Re: Freedom of Information request - Seizure of cats
Dear FOI Request,
It’s not that 4 days before Christmas that the request I had worked on for
months, I no longer wanted. (Lovely Christmas present to have my request
closed don’t you think?). It just happened to be the same day my father
passed away. So please forgive me that since I am not getting paid to
spend my working day responding to FOI, and don’t have a team of staff,
that when something unexpected comes up, I don’t have other team members
to fall back on and this is not part of my paid employment, so might need
longer than your publicly funded department to be able to comply with your
request, especially when it appears that this alleged requirement could
have been mentioned a lot earlier and saved me a lot of time and effort
going no where. Of course, you get paid either way. I don’t. I lose pay
from missing paid work to try and acquire these documents.
Please kindly reopen my request and give me a call please. My technology
doesn’t work half the time. Is it too much to ask to pick up the phone
instead of assuming I had received your messages which I had not?
Thank you in advance for doing the right thing considering my situation
since December. I was also seriously injured in an accident and sustained
whiplash and face lacerations and suffered debilitating pain throughout
January. This was the earliest I could write back sorry.
I also have certified disabilities which require reasonable adjustments by
operation of disability discrimination and equal opportunity laws. It
would be indirect discrimination to expect me to meet the standards of
non-handicapped requesters.
Appreciate your compassion and understanding. I share such personal info
on this site in order to assist other handicapped requesters via my
experience to avoid these various traps when making their FOI requests
themselves.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Dear Amanda,
Please do call me Drew if that’s ok with you. My number is 0491 237 893.
Thank you for your expression of sympathies and your condolences. Your kind words are meaningful to me and greatly appreciated.
To put it in an oversimplified but easier to comprehend manner, the extent of my disabilities affects my “to do list” memory making it difficult to recall and complete a long list of tasks, or to return a missed phone call that I am unable to return immediately upon discovery. This is despite being able to recall the audio of a witnessed event with the precision of a recording down to the accents and intonation. There is a particularly apt saying for this type of scenario —, “God doesn’t give with both hands.” Not sure if you have heard it.
Whenever I receive your messages or am able to read them, I am unable to call you due to the time of day or day of week. Then it becomes a task of recalling it during business hours while not doing anything else while not doing something else of equal importance.
In any event, I will try to call you but if you don’t hear from me please try to call me. It is fundamental that time starts running on the request because the acquisition of the FOI requested data is extremely time sensitive. Due to this delay, the neighbour who is alleged by Brimbank to have made the call to the rangers has now sold her house and is about to vacate if she has not done so already. Her departure will compound exponentially any difficulty in serving her for pending court action and access to her yard for evidentiary purposes will be lost if not so already.
Talk to you soon, Amanda.
P.S. Kudos to right to know dot org dot au for their hard work, dedication and support of the public at large’s right to know what our public servants are doing with all of our monies (including the public servants themselves who also pay a part of their own wages to fund themselves and all other public sector employees and elected representatives)
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Hi Drew
I tried to call you on the number provided and left a voice mail.
To start the clock on this FOI request, Council must receive a valid
request. One of the requirements for a valid request is that you must
provide such information concerning the documents you seek as is
reasonably necessary to enable the Council to identify the documents
sought. That is, you must strive to define with as much precision as
possible the documents sought in terms that would enable an appropriate
officer of the Council to constructively search for those documents. If a
request is ambiguous, unclear or otherwise ill defined, it does not comply
with the Act and need not be processed.
On 21 November 2023, I emailed you the following:
I refer to your application in which you sought access to various
documents under the Freedom of Information Act 1982 (Act).
By your request, you seek access to the following:
1. Copies of confirm enquiry trace forms and any other documentation
for cat seizures on 20 and 22 September from Old Calder Hwy Keilor (the
matter) and that you are seeking the personal affairs information of the
ranger who collected the cats;
2. All correspondence between any of the following parties in
relation to the two cat seizures including the Lost Dogs Home, John
Petroro, Simon, Dan George and Stuart and the personal affairs information
of the Council Officers listed;
3. All correspondence between Council and Susie’s Mansion in
relation to the two cat seizures including correspondence with the Lost
Dogs Home including the personal affairs information of Council Officers
listed;
4. All correspondence with Council’s counsel Ms Schultz and her
associates in relation to Council engaging Ms Schultz representation in
relation to the matter and relevant court hearings including the personal
affairs information of Ms Schultz;
5. Any documents pertaining to the departure of Dan George’s
predecessor whether a resignation or dismissal letter and the terms of the
hiring of Mr George such as employment contract, job description and key
performance indicators;
6. Any correspondence between Dan George and his predecessor in
relation to the matter;
7. Copies of any legal advice Council has received in relation to:
a. The registration of animals in general and what rights the
Council has in relation to the registration of animals; and
b. Any claims made by pet owners in relation to illegal or wrongful
seizure of pets;
8. Copies of Councillor emails, voicemails, text messages and copies
of confirm enquiries created and records saved in Council’s record
management system, CM9 as a result of your emails, voicemails and text
messages made to the Mayor Cr Ranka Rasic, and Taylor Ward Councillors, Cr
Maria Kerr and Cr Bruce Lancashire in relation to the matter;
9. Copies of the contracts between council and the lost dogs home
please and any other proposed contracts between other animal shelters and
BCC that it considered or is considering aside from the current one.
In relation to your request for further types of documents I can advise
the following:
“I narrate the above specifically to establish sufficient proof, that,
just like many private companies, tribunals and government agencies,
Brimbank is also using a system that links with caller ID, which then
loads a profile or open matters related to the caller. My FOI request is
for documents pertaining to this system, including what it is, how it
works, what information is put in there (so a copy of the procedural
manual or guidelines/policies for employees to follow). Are all phone
numbers recorded against a called or only when a matter is open? I don’t
have any receipt number to provide I don’t think, but would like the
general information on this system/practice/procedure please from whatever
documents here documents detail this.”
In relation to the statement above I can advise that Council does not have
a system that links caller ID. As Council does not have such a system
there are no procedural manuals, guidelines or policies for employee use
of such a system.
“Finally, when I called the council from my mobile number, my work mobile
or a private number, the responses from the operators were very different
until I identified myself. Whenever finding out who I was, by phone number
or after conversing on the phone, they always immediately refused to
engage any further and stated there were notes indicating that there is an
active court case so weren’t allowed to assist me any further. These
operators were working from home, presumably all over Melbourne. They all
got the same information to read out to me and were identity related not
query related, using caller ID or a positive ID from our conversation if
calling on private or from a different number. Also one operator confirmed
that they had recorded my work mobile against my records though I did not
request this nor was it raised. Simply because I had called several times
from that number.”
In relation to the statement above, in my view you would be seeking:
“Copy of notification provided to Customer Service Officers in relation to
calls from Mr Drew Scott.”
“I am hoping those documents contain among other info, insights into what
happens when an operator works remotely, what system is used to route
calls to them, what it looks like on screen when they receive a call, how
they then liaise with council employees or contractors or transfer the
caller, if/how they also use CM9 or other case management software to log
info (by matter I think you were saying, not personal identity) and
whether/why/how operators claim not to be permitted to divulge last names
or email addresses of publicly funded council employees and contractors.
Presumably there is some sort of guide or rule book? Again, I can’t
identify documents while not working there or they are kept secret from
the rate payers. I humbly and politely am requesting information under
freedom of information under duress and protest because that is what
council employees demanded and pre-consented to.”
In relation to the statement above I can advise that Council uses Shortel
Connect to receive and transfer calls. Following are links to publicly
available videos on how to use this system:
[1]How to answer a call
[2]Transferring a call
In relation to the statement above, in my view you would be seeking:
“A copy of Council’s procedural manual on how to use CM9;
A copy of Council’s procedural manual on how to use confirm; and
Extract of Customer Service Knowledge Base regarding staff personal
information.”
Consultation
Accordingly, I invite you to consult with the Council with a view to
amending or clarifying your request so that it is in a form which complies
with section 17 and provides the information necessary to enable the
Council to identify the documents sought.
Please telephone me on 9249 4000 to arrange a consultation.
Alternatively, you may wish to submit an amended request to clarify the
issues raised above by email to [3][email address] .
Until your request is made in a manner required by section 17 of the Act,
it cannot be processed and the 30 day time period within which a decision
must be made on your request has not commenced.
Regards,
[4]Council Amanda Marijanovic (She/Her)
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
Brimbank Community and Civic
Centre - 301 Hampshire Road,
Sunshine
T +61 3 9249 4000 | F +61 3
9249 4351 |
[5]www.brimbank.vic.gov.au
[6]Facebook[7]Twitter[8]Linked
in[9]You Tube
[10]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[FOI #10717 email]>
Sent: Thursday, 7 March 2024 7:29 AM
To: FOI Request <[email address]>
Subject: Re: Freedom of Information request - Seizure of cats
Dear Amanda,
Please do call me Drew if that’s ok with you. My number is 0491 237 893.
Thank you for your expression of sympathies and your condolences. Your
kind words are meaningful to me and greatly appreciated.
To put it in an oversimplified but easier to comprehend manner, the extent
of my disabilities affects my “to do list” memory making it difficult to
recall and complete a long list of tasks, or to return a missed phone call
that I am unable to return immediately upon discovery. This is despite
being able to recall the audio of a witnessed event with the precision of
a recording down to the accents and intonation. There is a particularly
apt saying for this type of scenario —, “God doesn’t give with both
hands.” Not sure if you have heard it.
Whenever I receive your messages or am able to read them, I am unable to
call you due to the time of day or day of week. Then it becomes a task of
recalling it during business hours while not doing anything else while not
doing something else of equal importance.
In any event, I will try to call you but if you don’t hear from me please
try to call me. It is fundamental that time starts running on the request
because the acquisition of the FOI requested data is extremely time
sensitive. Due to this delay, the neighbour who is alleged by Brimbank to
have made the call to the rangers has now sold her house and is about to
vacate if she has not done so already. Her departure will compound
exponentially any difficulty in serving her for pending court action and
access to her yard for evidentiary purposes will be lost if not so
already.
Talk to you soon, Amanda.
P.S. Kudos to right to know dot org dot au for their hard work, dedication
and support of the public at large’s right to know what our public
servants are doing with all of our monies (including the public servants
themselves who also pay a part of their own wages to fund themselves and
all other public sector employees and elected representatives)
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Hi Drew,
Thank you for the phone call. As discussed I will add the following 4
criteria to your FOI request:
- Copy of notification provided to Customer Service Officers in
relation to calls from Mr Drew Scott (criteria 10);
- A copy of Council’s procedural manual on how to use CM9
(criteria 11);
- A copy of Council’s procedural manual on how to use confirm
(criteria 12); and
- Extract of Customer Service Knowledge Base regarding staff
personal information (criteria 13).
Therefore I understand by your request, you seek access to the following:
1. Copies of confirm enquiry trace forms and any other documentation
for cat seizures on 20 and 22 September from Old Calder Hwy Keilor (the
matter) and that you are seeking the personal affairs information of the
ranger who collected the cats;
2. All correspondence between any of the following parties in
relation to the two cat seizures including the Lost Dogs Home, John
Petroro, Simon, Dan George and Stuart and the personal affairs information
of the Council Officers listed;
3. All correspondence between Council and Susie’s Mansion in
relation to the two cat seizures including correspondence with the Lost
Dogs Home including the personal affairs information of Council Officers
listed;
4. All correspondence with Council’s counsel Ms Schultz and her
associates in relation to Council engaging Ms Schultz representation in
relation to the matter and relevant court hearings including the personal
affairs information of Ms Schultz;
5. Any documents pertaining to the departure of Dan George’s
predecessor whether a resignation or dismissal letter and the terms of the
hiring of Mr George such as employment contract, job description and key
performance indicators;
6. Any correspondence between Dan George and his predecessor in
relation to the matter;
7. Copies of any legal advice Council has received in relation to:
a. The registration of animals in general and what rights the
Council has in relation to the registration of animals; and
b. Any claims made by pet owners in relation to illegal or wrongful
seizure of pets;
8. Copies of Councillor emails, voicemails, text messages and copies
of confirm enquiries created and records saved in Council’s record
management system, CM9 as a result of your emails, voicemails and text
messages made to the Mayor Cr Ranka Rasic, and Taylor Ward Councillors, Cr
Maria Kerr and Cr Bruce Lancashire in relation to the matter;
9. Copies of the contracts between council and the lost dogs home
please and any other proposed contracts between other animal shelters and
BCC that it considered or is considering aside from the current one;
10. Copy of notification provided to Customer Service Officers in
relation to calls from Mr Drew Scott;
11. A copy of Council’s procedural manual on how to use CM9;
12. A copy of Council’s procedural manual on how to use confirm
(criteria 12); and
13. Extract of Customer Service Knowledge Base regarding staff personal
information (criteria 13).
Can you please confirm by reply email that you are happy to proceed with
the request as amended above?
Regards,
[1]Council Amanda Marijanovic (She/Her)
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
Brimbank Community and Civic
Centre - 301 Hampshire Road,
Sunshine
T +61 3 9249 4000 | F +61 3
9249 4351 |
[2]www.brimbank.vic.gov.au
[3]Facebook[4]Twitter[5]Linked
in[6]You Tube
[7]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Amanda Marijanovic (She/Her) On Behalf Of FOI Request
Sent: Friday, 8 March 2024 1:05 PM
To: 'Drew Scott, Esq. LLB BCom GradDipLP'
<[FOI #10717 email]>
Subject: Freedom of Information request - Seizure of cats
Hi Drew
I tried to call you on the number provided and left a voice mail.
To start the clock on this FOI request, Council must receive a valid
request. One of the requirements for a valid request is that you must
provide such information concerning the documents you seek as is
reasonably necessary to enable the Council to identify the documents
sought. That is, you must strive to define with as much precision as
possible the documents sought in terms that would enable an appropriate
officer of the Council to constructively search for those documents. If a
request is ambiguous, unclear or otherwise ill defined, it does not comply
with the Act and need not be processed.
On 21 November 2023, I emailed you the following:
I refer to your application in which you sought access to various
documents under the Freedom of Information Act 1982 (Act).
By your request, you seek access to the following:
1. Copies of confirm enquiry trace forms and any other documentation
for cat seizures on 20 and 22 September from Old Calder Hwy Keilor (the
matter) and that you are seeking the personal affairs information of the
ranger who collected the cats;
2. All correspondence between any of the following parties in
relation to the two cat seizures including the Lost Dogs Home, John
Petroro, Simon, Dan George and Stuart and the personal affairs information
of the Council Officers listed;
3. All correspondence between Council and Susie’s Mansion in
relation to the two cat seizures including correspondence with the Lost
Dogs Home including the personal affairs information of Council Officers
listed;
4. All correspondence with Council’s counsel Ms Schultz and her
associates in relation to Council engaging Ms Schultz representation in
relation to the matter and relevant court hearings including the personal
affairs information of Ms Schultz;
5. Any documents pertaining to the departure of Dan George’s
predecessor whether a resignation or dismissal letter and the terms of the
hiring of Mr George such as employment contract, job description and key
performance indicators;
6. Any correspondence between Dan George and his predecessor in
relation to the matter;
7. Copies of any legal advice Council has received in relation to:
a. The registration of animals in general and what rights the
Council has in relation to the registration of animals; and
b. Any claims made by pet owners in relation to illegal or wrongful
seizure of pets;
8. Copies of Councillor emails, voicemails, text messages and copies
of confirm enquiries created and records saved in Council’s record
management system, CM9 as a result of your emails, voicemails and text
messages made to the Mayor Cr Ranka Rasic, and Taylor Ward Councillors, Cr
Maria Kerr and Cr Bruce Lancashire in relation to the matter;
9. Copies of the contracts between council and the lost dogs home
please and any other proposed contracts between other animal shelters and
BCC that it considered or is considering aside from the current one.
In relation to your request for further types of documents I can advise
the following:
“I narrate the above specifically to establish sufficient proof, that,
just like many private companies, tribunals and government agencies,
Brimbank is also using a system that links with caller ID, which then
loads a profile or open matters related to the caller. My FOI request is
for documents pertaining to this system, including what it is, how it
works, what information is put in there (so a copy of the procedural
manual or guidelines/policies for employees to follow). Are all phone
numbers recorded against a called or only when a matter is open? I don’t
have any receipt number to provide I don’t think, but would like the
general information on this system/practice/procedure please from whatever
documents here documents detail this.”
In relation to the statement above I can advise that Council does not have
a system that links caller ID. As Council does not have such a system
there are no procedural manuals, guidelines or policies for employee use
of such a system.
“Finally, when I called the council from my mobile number, my work mobile
or a private number, the responses from the operators were very different
until I identified myself. Whenever finding out who I was, by phone number
or after conversing on the phone, they always immediately refused to
engage any further and stated there were notes indicating that there is an
active court case so weren’t allowed to assist me any further. These
operators were working from home, presumably all over Melbourne. They all
got the same information to read out to me and were identity related not
query related, using caller ID or a positive ID from our conversation if
calling on private or from a different number. Also one operator confirmed
that they had recorded my work mobile against my records though I did not
request this nor was it raised. Simply because I had called several times
from that number.”
In relation to the statement above, in my view you would be seeking:
“Copy of notification provided to Customer Service Officers in relation to
calls from Mr Drew Scott.”
“I am hoping those documents contain among other info, insights into what
happens when an operator works remotely, what system is used to route
calls to them, what it looks like on screen when they receive a call, how
they then liaise with council employees or contractors or transfer the
caller, if/how they also use CM9 or other case management software to log
info (by matter I think you were saying, not personal identity) and
whether/why/how operators claim not to be permitted to divulge last names
or email addresses of publicly funded council employees and contractors.
Presumably there is some sort of guide or rule book? Again, I can’t
identify documents while not working there or they are kept secret from
the rate payers. I humbly and politely am requesting information under
freedom of information under duress and protest because that is what
council employees demanded and pre-consented to.”
In relation to the statement above I can advise that Council uses Shortel
Connect to receive and transfer calls. Following are links to publicly
available videos on how to use this system:
[8]How to answer a call
[9]Transferring a call
In relation to the statement above, in my view you would be seeking:
“A copy of Council’s procedural manual on how to use CM9;
A copy of Council’s procedural manual on how to use confirm; and
Extract of Customer Service Knowledge Base regarding staff personal
information.”
Consultation
Accordingly, I invite you to consult with the Council with a view to
amending or clarifying your request so that it is in a form which complies
with section 17 and provides the information necessary to enable the
Council to identify the documents sought.
Please telephone me on 9249 4000 to arrange a consultation.
Alternatively, you may wish to submit an amended request to clarify the
issues raised above by email to [10][email address] .
Until your request is made in a manner required by section 17 of the Act,
it cannot be processed and the 30 day time period within which a decision
must be made on your request has not commenced.
Regards,
[11]Council Amanda Marijanovic (She/Her)
Website Senior Freedom of Information and
Privacy Officer | Governance and
Risk
Brimbank Community and Civic
Centre - 301 Hampshire Road,
Sunshine
T +61 3 9249 4000 | F +61 3
9249 4351 |
[12]www.brimbank.vic.gov.au
[13]Facebook[14]Twitter[15]Linked
in[16]You Tube
[17]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[18][FOI #10717 email]>
Sent: Thursday, 7 March 2024 7:29 AM
To: FOI Request <[19][email address]>
Subject: Re: Freedom of Information request - Seizure of cats
Dear Amanda,
Please do call me Drew if that’s ok with you. My number is 0491 237 893.
Thank you for your expression of sympathies and your condolences. Your
kind words are meaningful to me and greatly appreciated.
To put it in an oversimplified but easier to comprehend manner, the extent
of my disabilities affects my “to do list” memory making it difficult to
recall and complete a long list of tasks, or to return a missed phone call
that I am unable to return immediately upon discovery. This is despite
being able to recall the audio of a witnessed event with the precision of
a recording down to the accents and intonation. There is a particularly
apt saying for this type of scenario —, “God doesn’t give with both
hands.” Not sure if you have heard it.
Whenever I receive your messages or am able to read them, I am unable to
call you due to the time of day or day of week. Then it becomes a task of
recalling it during business hours while not doing anything else while not
doing something else of equal importance.
In any event, I will try to call you but if you don’t hear from me please
try to call me. It is fundamental that time starts running on the request
because the acquisition of the FOI requested data is extremely time
sensitive. Due to this delay, the neighbour who is alleged by Brimbank to
have made the call to the rangers has now sold her house and is about to
vacate if she has not done so already. Her departure will compound
exponentially any difficulty in serving her for pending court action and
access to her yard for evidentiary purposes will be lost if not so
already.
Talk to you soon, Amanda.
P.S. Kudos to right to know dot org dot au for their hard work, dedication
and support of the public at large’s right to know what our public
servants are doing with all of our monies (including the public servants
themselves who also pay a part of their own wages to fund themselves and
all other public sector employees and elected representatives)
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Att: BCC FOI Request Dept
in care of
Amanda Marijanovic @ Brimbank CC
For the record, any interaction with Brimbank City Council corporation and its officers and agents, by me, including lodgement of this FOI request, is performed under extreme duress and protest, reserving all rights.
Dear Amanda,
Lovely to speak to you finally on the phone, and I hope your work phone started functioning not too long after we chatted that day!
Thank you for updating the request so promptly, and apologies for taking a few days to get back to you with the revisions. Please find below a condensation of the latest version, accompanied by explanatory memoranda to facilitate accurate dissemination.
The reason I have done this is because I am still concerned about agreeing to transpose my FOI application into a request for specific locations or sources of stored data/documents as you have suggested, because I have no way to verify if the very specific lists you are nominating encompass all of the documents incidental to the Seizure Events, or are just generic sources and stores of record data which may bypass certain documents and records inadvertently, due to my ignorance of internal systems and processes in the various departments of BCC, and also should any irregular channels have been used to convey relevant information, those documents would not be captured by such a request, nor would there be any recourse for a failure to supply them. It would require an additional FOI request down the track. By couching my requests as per the below format, it remains finite and specific in terms of information sought, while also being complete in scope.
STYLE KEY/ABBREVIATION INDEX/DICTIONARY
• The Neighbour
= outgoing owner-occupier of 874 Old Calder Hwy, Keilor
• BCC
= Brimbank City Council
TLDH, the Pound
= The Lost Dogs Home North Melbourne
Ranger Services, Ranger-related-services
= City Regulatory Services Dept at BCC
• Seizure event(s)
= the seizure by BCC of 2 of my cats on or about 20th or 22nd September 2023 upon the call of the Neighbour to Ranger Services to effectuate same while aware of the True Owner’s identity. Cats were 2 x male feline pets (1x black kitten & 1x grey striped & white 3rd generation young waif cat) misappropriated from the organic township of Keilor on the land.
• The True Owner
= me, Drew Scott (natural born) - this FOI requester/FOIA applicant, under duress)
• Information
= all forms of data that can be physically perceived by adult human beings capable of normal cognitive function inc. but not limited to language/words, codes, symbols, textures (such as brail), images, voices, sounds, movements, etc whether commonly known or otherwise
• Documents
= as defined in the Evidence Act, but in any event, the media of storage of information, whether analogue, digital or otherwise, perceivable by adult human beings directly using the natural senses, or indirectly via a suitable electronic or manually operated machine, implement, device, decoder, instrument, etc (such as a computer and monitor, CD player and speakers, microfiche reader, photonegative scanner, etc).
• Capital letter headings preceded by “PART” & parenthesised by underscores (_PART_A_, _PART_B_… and so on)
= Separate, mutually exclusive categories of information requested
• Capital letter followed by a hyphen & Roman numeral (A-I, B-I, B-II,… and so forth)
= subparts or subcategories of information which fall completely within the categories headed with the same capital letter
• Parenthesised numeral following a subpart nomenclature ((0), (1), (2)… and so on)
= class of documents wholly within a sub-category of information/documents, beginning with (0) for ground zero, if larger numbered classes fit within the scope of the (0) class but have been provided as elaborations. By rights, Part A, A-I(0) covers the entire scope of A-I, and A, with elaborations as A-I(1), A-I(2), etc making the true FOI request a lot shorter, which was the aim of these revisions.
• Lowercase letter preceding a full stop (a., b.… and so forth)
= sub-category of class of documents
• Lowercase “Roman” numeral preceding a full stop (i.,ii.… and so on)
= sub-category of class of documents
Please find following the requested documents & information, divided into 2 parts with enumerated sub-parts providing greater specificity, pursuant to the FOIA:
_PART_A_
All relevant information consequential and incidental to the Neighbour initiating the Seizure Events
EXPLANATORY MEMORANDUM TO PART A
To avoid doubt, the scope of PART A above is limited to documents which would otherwise not have come into existence, but for the Seizure Events having been reportedly initiated by (*the Neighbour*) and effectuated by BCC, notwithstanding the identity of the rightful owner of the animals on the land, being known in actuality by the Neighbour, and actually or constructively by BCC).
A-I (0)
1. Any and all documents & records:
a. Made by; and
b. Made for/received by
BCC, in connexion with, arising from, and including, the above-defined Seizure Events.
EXPLANATORY MEMORANDA TO SUB-PART A-I
To avoid doubt, sub-part A-I above necessarily encompasses/includes, but is not limited by:
A-I (1)
1. Copies of Councillor emails, voicemails, text messages, missed calls;
2. Copies of Confirm enquiries created; and
3. Records made or received/saved;
via Council’s record management system, “CM9,” as a result of my emails, voicemails, missed calls & text messages to:
a. BCC Mayor at that time of the Seizure Events, Cr Bruce Lancashire;
b. His then-deputy Mayor, Cr Ranka Rasic;
c. Their then-3rd Taylors Ward co-Councillor, Cr Maria Kerr; and
d. the main council hotline 03.9249.4000
from:
i. My mobile telephone number 049.xxxxx903;
ii. My work mobile telephone number 046x.xxx.696;
iii. My email addresses of the format *@drewscott.com.au; and
iv. “Susie’s Mansion” registered business/sole-trader; and
A-I (2)
The identities of the respective authors and recipients/addressees, accompanied by any and all related invoices/bills/payment remittances in connexion with the activities referenced in those documents, if outsourced. This would include the bill for private barrister Ms Schultz of Counsel, and the identity of her male instructing solicitor or associate who attended court but may not be identifiable in documents retrieved under A-I. It should also include the document and identity of the BCC employee who recorded the number of my second mobile phone using calling number display, and provided it to staff so that when I rang BCC central hotline, I was asked which of my 2 phone numbers I would like to be called back on, even though I never stated the second one was mine, and had only be ringing from it from the car when I had been driving. You have already contested the existence of a profile, but this has to have been recorded somewhere and I have a right to know where and by whom please.
EXPLANATORY MEMORANDA RE PART A
Note 1.
A complete list of all relevant documents can be generated by performing a comprehensive trace, initially beginning with 2 separate tracks of enquiry, being each Seizure Event, which then converge into 1 track after a positive ID as to the common owner of the 2 relevant cats was received.)
Note 2
A2 has been detailed separately, though also covered by A1, in case no action were taken as a result of my multiple attempts at communication with said councillors. My attempts to contact them are connected with the Seizure Events, but there may be an absence of an obvious link between the elected councillors record system and the bureaucracy of the part of BCC which supports the Ranger’s activities. Those records would be disconnected from any traces of the Seizure Events, and would require traces initiated from the first attempt to reach each councillor, adding a 3rd, 4th and 5th track to trace, possibly converging into a single, second track, if all 3 councillors communicated with each other, or converging into the ultimate single track if the councillors eventually communicated with BCC/Ranger support staff at any stage, jointly as a Ward, or severally.)
Note 3.
Examples of identifying information already encompassed by Part A above, include but are not limited to, all previously enumerated detailed requests condensed into this newly reformulated request, such as the identity of the female ranger who was observed deploying a cat cage at 874 Old Calder Hwy Keilor on 20 September 2023, the identity of the ranger from the equivalent Seizure Event reported to be on 22 September 2023, communications to and from Stuart, John Petroro, and Simon, and what you termed “email notifications” to BCC main enquiry incoming phone call operators not to engage with me re Seizure Events, which I imagine to be similar to an APB (All Points Bulletin);
Again, sub-part A3 actually falls within the scope of A1 above, but I did not want to risk having this portion of the request overlooked or ignored, hence the duplicity. Moreover, all explanatory memoranda need not form part of the formal request, but are provided to facilitate comprehension/dissemination of the scope of the requests. The redesign of the FOI application was intended to shorten the number of individually named requests while strengthening the definitiveness of the parameters.
_PART_B_
Information which existed prior to or otherwise independent of the Seizure Events
B-I.
1. The section 84Y agreements pursuant to s84Y of the Domestic Animals Act (DAA); and
2. any other agreements/contracts, formal, informal or otherwise;
entered into between BCC and:
a. TLDH; and
b. Any and all other shelters/businesses/subcontractors;
i. In force at the time of the Seizure Events;
ii. Previously in force until superseded by i. above;
iii. Currently in force if agreements in i. above have since been superseded; and
iv. Proposed/tendered/offered, but not ultimately accepted/executed by BCC and/or the parties referred to in a. and b. directly above;
for the seizure/transport/impounding/processing/sale/purchase/destruction, etc of domestic animals under the control of BCC.
B-II.
Any documents pertaining to: the departure of Dan George’s predecessor from the role which was identified as in-house counsel, whether by resignation or dismissal or otherwise; the position Mr George occupied prior to his transfer into this new position; any communications between Dan George and his predecessor, if any, pertaining to the transfer of/replacement by Mr George; what interviewing or advertising took place to fill this position prior to Mr George being selected; the reason why Mr George went on leave prior to taking up this post around the time of the seizure event (whether sent on leave by employer, whether it was paid leave, whether training took place and where, why he began leave and then returned from leave on the dates that he did, when the dates were arranged, what training occurred (whether while on leave or before leave or after returning from leave) or was to occur to allow Mr George to discharge the duties of that position, who trained him if there was training, and if there were no training, any records discussing this failure); the terms of the hiring/transfer/promotion of Mr George, such as employment contract, employee assessments as to fulfilment of job description and key performance indicators since beginning the role until the present time; salary/bonuses schemes/pay outs; and any notice/message/letter/advice/post it note/absolutely any document which contained a directive as to the procedure in-house counsel should take re destruction or disposal of evidence or of property still under dispute when threatened with litigation, including any relevant procedural manuals;
B-III
Any and all information or advice, including legal advice or procedural manual entries or other sources of information pertaining to the creation, vesting, loss, transfer or otherwise of rights upon registration with BCC of domestic animals in general, and upon any other mandated process such as microchipping, tagging of collars, etc, not within the scope of Part A already;
B-IV
Documents deriving from any claims made by pet owners in relation to alleged illegal or wrongful seizure of pets by council in the 24 months directly preceding the date upon which this FOI request is formally accepted, including legal bills/payments for advice/representation/advocacy/drafting of instruments, etc, court costs incurred/paid, and settlement terms where claims have been settled out of court, including monetary compensation amounts if not restricted by non-disclosure clauses, or where restricted, the settlement document with the confidential information redacted or reference/indexing of same, save for those documents which are already included within the scope of Part A above;
B-V
A copy of Council’s procedural manual on how to use CM9;
B-VI
A copy of Council’s procedural manual on how to use Confirm; and
B-VII
Extract of Customer Service Knowledge Base regarding staff identity information
I believe the above embodies the totality of my FOI request in terms which are certain at the only level of specificity knowable by an applicant who has no “indoor management” knowledge of the public body required to fulfil the FOI request. It most certainly satisfies s17 and the rest of the FOIA requirements. It is definite, the scope of eligible documents is easily determinable and finite. If, perhaps, the number of documents and their potential retrieval is considered too temporally or financially burdensome or onerous, upon notice of which I would be happy to reduce the number of records sought in order to have the request approved. In the scheme of things, for BCC, to do one trace on 2 Seizure Events hardly seems excessive given the number of seizure events performed per week by BCC, according to the Pound, and given that BCC is in the top 4 largest municipalities in the state, the number of public sector employees commensurate with its size.
Thank you for your continued assistance in the finalisation and deployment of this FOI request. Your hard work is much appreciated. Please forgive any typos above but I could no longer afford to spend any more time streamlining and editing this request. Sorry.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP
Hi Drew,
Thank you for your email I seek clarification under part 17 of the Act in
relation to the following criteria of your request:
A-I (1)
In relation to the seizure by BCC of 2 of my cats on or about 20th or 22nd
September 2023 upon the call of the Neighbour to Ranger Services to
effectuate same while aware of the True Owner’s identity. Cats were 2 x
male feline pets (1x black kitten & 1x grey striped & white 3rd generation
young waif cat) misappropriated from the organic township of Keilor on the
land (Seizure event(s)):
1. Copies of Councillor emails, voicemails, text messages, missed calls;
2. Copies of Confirm enquiries created; and
3. Records made or received/saved;
via Council’s record management system, “CM9,” as a result of my emails,
voicemails, missed calls & text messages to:
a. BCC Mayor at that time of the Seizure Events, Cr Bruce Lancashire;
b. His then-deputy Mayor, Cr Ranka Rasic;
c. Their then-3rd Taylors Ward co-Councillor, Cr Maria Kerr; and
d. the main council hotline 03.9249.4000
from:
i. My mobile telephone number 049.xxxxx903;
ii. My work mobile telephone number 046x.xxx.696;
iii. My email addresses of the format [1]*@drewscott.com.au; and
iv. “Susie’s Mansion” registered business/sole-trader;
In order to conduct adequate searches from phone numbers the full work
mobile number is required. If not provided Council will be unable to
adequately undertake this search. I also recommend that you add the
following statement to the beginning of your request to ensure that
Council Officers understand that you are seeking access to documents in
relation to the “Seizure Event(s)”. I have inserted this recommended
statement into the criteria above.
Also in relation to Explanatory Memoranda RE: Part A Note 3 to ensure that
a search is undertaken for documents that contain the identity of the
female ranger and communications to and from Stuart, John and Simon and
yourself and email notification regarding interactions with yourself and
Customer Service Officers I recommend you also include the following
points in this part of your request:
4. Copies of all confirm requests in relation to the Seizure Event(s);
5. Copies of emails between Council Staff members Stuart, John, Simon and
yourself in relation to the Seizure Event(s) - the format of the email
address is [2]*@drewscott.com.au;
6. Copy of notification sent to Customer Service Officers advising how to
respond to customer interactions with yourself in relation to the Seizure
Event(s)
Accordingly, I invite you to consult with the Council with a view to
amending or clarifying your request so that it is in a form which complies
with section 17 and provides the information necessary to enable the
Council to identify the documents sought.
Please telephone me on 9249 4000 to arrange a consultation.
Alternatively, you may wish to submit an amended request to clarify the
issues raised above by email to [3][email address]
Until your request is made in a manner required by section 17 of the Act,
it cannot be processed and the 30 day time period within which a decision
must be made on your request has not commenced.
The Council looks forward to hearing from you or receiving an amended
request so that it may expedite addressing your information needs.
If you have any questions please call me on 9249 4000 or email
[4][email address]
Regards,
[5]Council Amanda Marijanovic (She/Her)
Website Senior Freedom of Information
and Privacy Officer |
Governance and Risk
Brimbank Community and Civic
Centre - 301 Hampshire Road,
Sunshine
T +61 3 9249 4000 | F +61 3
9249 4351 |
[6]www.brimbank.vic.gov.au
[7]Facebook[8]Twitter[9]Linked
in[10]You Tube
[11]We Are Brimbank Awards
P
Brimbank City Council respectfully acknowledges and recognises the
Wurundjeri and Bunurong peoples as the Traditional Custodians of this land
and pays respect to their Elders past, present and future.
From: Drew Scott, Esq. LLB BCom GradDipLP
<[FOI #10717 email]>
Sent: Friday, 15 March 2024 1:44 PM
To: FOI Request <[email address]>
Subject: Re: Freedom of Information request - Seizure of cats
Att: BCC FOI Request Dept
in care of
Amanda Marijanovic @ Brimbank CC
For the record, any interaction with Brimbank City Council corporation and
its officers and agents, by me, including lodgement of this FOI request,
is performed under extreme duress and protest, reserving all rights.
Dear Amanda,
Lovely to speak to you finally on the phone, and I hope your work phone
started functioning not too long after we chatted that day!
Thank you for updating the request so promptly, and apologies for taking a
few days to get back to you with the revisions. Please find below a
condensation of the latest version, accompanied by explanatory memoranda
to facilitate accurate dissemination.
The reason I have done this is because I am still concerned about agreeing
to transpose my FOI application into a request for specific locations or
sources of stored data/documents as you have suggested, because I have no
way to verify if the very specific lists you are nominating encompass all
of the documents incidental to the Seizure Events, or are just generic
sources and stores of record data which may bypass certain documents and
records inadvertently, due to my ignorance of internal systems and
processes in the various departments of BCC, and also should any irregular
channels have been used to convey relevant information, those documents
would not be captured by such a request, nor would there be any recourse
for a failure to supply them. It would require an additional FOI request
down the track. By couching my requests as per the below format, it
remains finite and specific in terms of information sought, while also
being complete in scope.
STYLE KEY/ABBREVIATION INDEX/DICTIONARY
• The Neighbour
= outgoing owner-occupier of 874 Old Calder Hwy, Keilor
• BCC
= Brimbank City Council
TLDH, the Pound
= The Lost Dogs Home North Melbourne
Ranger Services, Ranger-related-services
= City Regulatory Services Dept at BCC
• Seizure event(s)
= the seizure by BCC of 2 of my cats on or about 20th or 22nd September
2023 upon the call of the Neighbour to Ranger Services to effectuate same
while aware of the True Owner’s identity. Cats were 2 x male feline pets
(1x black kitten & 1x grey striped & white 3rd generation young waif cat)
misappropriated from the organic township of Keilor on the land.
• The True Owner
= me, Drew Scott (natural born) - this FOI requester/FOIA applicant, under
duress)
• Information
= all forms of data that can be physically perceived by adult human beings
capable of normal cognitive function inc. but not limited to
language/words, codes, symbols, textures (such as brail), images, voices,
sounds, movements, etc whether commonly known or otherwise
• Documents
= as defined in the Evidence Act, but in any event, the media of storage
of information, whether analogue, digital or otherwise, perceivable by
adult human beings directly using the natural senses, or indirectly via a
suitable electronic or manually operated machine, implement, device,
decoder, instrument, etc (such as a computer and monitor, CD player and
speakers, microfiche reader, photonegative scanner, etc).
• Capital letter headings preceded by “PART” & parenthesised by
underscores (_PART_A_, _PART_B_… and so on)
= Separate, mutually exclusive categories of information requested
• Capital letter followed by a hyphen & Roman numeral (A-I, B-I, B-II,…
and so forth)
= subparts or subcategories of information which fall completely within
the categories headed with the same capital letter
• Parenthesised numeral following a subpart nomenclature ((0), (1), (2)…
and so on)
= class of documents wholly within a sub-category of
information/documents, beginning with (0) for ground zero, if larger
numbered classes fit within the scope of the (0) class but have been
provided as elaborations. By rights, Part A, A-I(0) covers the entire
scope of A-I, and A, with elaborations as A-I(1), A-I(2), etc making the
true FOI request a lot shorter, which was the aim of these revisions.
• Lowercase letter preceding a full stop (a., b.… and so forth)
= sub-category of class of documents
• Lowercase “Roman” numeral preceding a full stop (i.,ii.… and so on)
= sub-category of class of documents
Please find following the requested documents & information, divided into
2 parts with enumerated sub-parts providing greater specificity, pursuant
to the FOIA:
_PART_A_
All relevant information consequential and incidental to the Neighbour
initiating the Seizure Events
EXPLANATORY MEMORANDUM TO PART A
To avoid doubt, the scope of PART A above is limited to documents which
would otherwise not have come into existence, but for the Seizure Events
having been reportedly initiated by (*the Neighbour*) and effectuated by
BCC, notwithstanding the identity of the rightful owner of the animals on
the land, being known in actuality by the Neighbour, and actually or
constructively by BCC).
A-I (0)
1. Any and all documents & records:
a. Made by; and
b. Made for/received by
BCC, in connexion with, arising from, and including, the above-defined
Seizure Events.
EXPLANATORY MEMORANDA TO SUB-PART A-I
To avoid doubt, sub-part A-I above necessarily encompasses/includes, but
is not limited by:
A-I (1)
1. Copies of Councillor emails, voicemails, text messages, missed calls;
2. Copies of Confirm enquiries created; and
3. Records made or received/saved;
via Council’s record management system, “CM9,” as a result of my emails,
voicemails, missed calls & text messages to:
a. BCC Mayor at that time of the Seizure Events, Cr Bruce Lancashire;
b. His then-deputy Mayor, Cr Ranka Rasic;
c. Their then-3rd Taylors Ward co-Councillor, Cr Maria Kerr; and
d. the main council hotline 03.9249.4000
from:
i. My mobile telephone number 049.xxxxx903;
ii. My work mobile telephone number 046x.xxx.696;
iii. My email addresses of the format [12]*@drewscott.com.au; and
iv. “Susie’s Mansion” registered business/sole-trader; and
A-I (2)
The identities of the respective authors and recipients/addressees,
accompanied by any and all related invoices/bills/payment remittances in
connexion with the activities referenced in those documents, if
outsourced. This would include the bill for private barrister Ms Schultz
of Counsel, and the identity of her male instructing solicitor or
associate who attended court but may not be identifiable in documents
retrieved under A-I. It should also include the document and identity of
the BCC employee who recorded the number of my second mobile phone using
calling number display, and provided it to staff so that when I rang BCC
central hotline, I was asked which of my 2 phone numbers I would like to
be called back on, even though I never stated the second one was mine, and
had only be ringing from it from the car when I had been driving. You have
already contested the existence of a profile, but this has to have been
recorded somewhere and I have a right to know where and by whom please.
EXPLANATORY MEMORANDA RE PART A
Note 1.
A complete list of all relevant documents can be generated by performing a
comprehensive trace, initially beginning with 2 separate tracks of
enquiry, being each Seizure Event, which then converge into 1 track after
a positive ID as to the common owner of the 2 relevant cats was received.)
Note 2
A2 has been detailed separately, though also covered by A1, in case no
action were taken as a result of my multiple attempts at communication
with said councillors. My attempts to contact them are connected with the
Seizure Events, but there may be an absence of an obvious link between the
elected councillors record system and the bureaucracy of the part of BCC
which supports the Ranger’s activities. Those records would be
disconnected from any traces of the Seizure Events, and would require
traces initiated from the first attempt to reach each councillor, adding a
3rd, 4th and 5th track to trace, possibly converging into a single, second
track, if all 3 councillors communicated with each other, or converging
into the ultimate single track if the councillors eventually communicated
with BCC/Ranger support staff at any stage, jointly as a Ward, or
severally.)
Note 3.
Examples of identifying information already encompassed by Part A above,
include but are not limited to, all previously enumerated detailed
requests condensed into this newly reformulated request, such as the
identity of the female ranger who was observed deploying a cat cage at 874
Old Calder Hwy Keilor on 20 September 2023, the identity of the ranger
from the equivalent Seizure Event reported to be on 22 September 2023,
communications to and from Stuart, John Petroro, and Simon, and what you
termed “email notifications” to BCC main enquiry incoming phone call
operators not to engage with me re Seizure Events, which I imagine to be
similar to an APB (All Points Bulletin);
Again, sub-part A3 actually falls within the scope of A1 above, but I did
not want to risk having this portion of the request overlooked or ignored,
hence the duplicity. Moreover, all explanatory memoranda need not form
part of the formal request, but are provided to facilitate
comprehension/dissemination of the scope of the requests. The redesign of
the FOI application was intended to shorten the number of individually
named requests while strengthening the definitiveness of the parameters.
_PART_B_
Information which existed prior to or otherwise independent of the Seizure
Events
B-I.
1. The section 84Y agreements pursuant to s84Y of the Domestic Animals Act
(DAA); and
2. any other agreements/contracts, formal, informal or otherwise;
entered into between BCC and:
a. TLDH; and
b. Any and all other shelters/businesses/subcontractors;
i. In force at the time of the Seizure Events;
ii. Previously in force until superseded by i. above;
iii. Currently in force if agreements in i. above have since been
superseded; and
iv. Proposed/tendered/offered, but not ultimately accepted/executed by BCC
and/or the parties referred to in a. and b. directly above;
for the seizure/transport/impounding/processing/sale/purchase/destruction,
etc of domestic animals under the control of BCC.
B-II.
Any documents pertaining to: the departure of Dan George’s predecessor
from the role which was identified as in-house counsel, whether by
resignation or dismissal or otherwise; the position Mr George occupied
prior to his transfer into this new position; any communications between
Dan George and his predecessor, if any, pertaining to the transfer
of/replacement by Mr George; what interviewing or advertising took place
to fill this position prior to Mr George being selected; the reason why Mr
George went on leave prior to taking up this post around the time of the
seizure event (whether sent on leave by employer, whether it was paid
leave, whether training took place and where, why he began leave and then
returned from leave on the dates that he did, when the dates were
arranged, what training occurred (whether while on leave or before leave
or after returning from leave) or was to occur to allow Mr George to
discharge the duties of that position, who trained him if there was
training, and if there were no training, any records discussing this
failure); the terms of the hiring/transfer/promotion of Mr George, such as
employment contract, employee assessments as to fulfilment of job
description and key performance indicators since beginning the role until
the present time; salary/bonuses schemes/pay outs; and any
notice/message/letter/advice/post it note/absolutely any document which
contained a directive as to the procedure in-house counsel should take re
destruction or disposal of evidence or of property still under dispute
when threatened with litigation, including any relevant procedural
manuals;
B-III
Any and all information or advice, including legal advice or procedural
manual entries or other sources of information pertaining to the creation,
vesting, loss, transfer or otherwise of rights upon registration with BCC
of domestic animals in general, and upon any other mandated process such
as microchipping, tagging of collars, etc, not within the scope of Part A
already;
B-IV
Documents deriving from any claims made by pet owners in relation to
alleged illegal or wrongful seizure of pets by council in the 24 months
directly preceding the date upon which this FOI request is formally
accepted, including legal bills/payments for
advice/representation/advocacy/drafting of instruments, etc, court costs
incurred/paid, and settlement terms where claims have been settled out of
court, including monetary compensation amounts if not restricted by
non-disclosure clauses, or where restricted, the settlement document with
the confidential information redacted or reference/indexing of same, save
for those documents which are already included within the scope of Part A
above;
B-V
A copy of Council’s procedural manual on how to use CM9;
B-VI
A copy of Council’s procedural manual on how to use Confirm; and
B-VII
Extract of Customer Service Knowledge Base regarding staff identity
information
I believe the above embodies the totality of my FOI request in terms which
are certain at the only level of specificity knowable by an applicant who
has no “indoor management” knowledge of the public body required to fulfil
the FOI request. It most certainly satisfies s17 and the rest of the FOIA
requirements. It is definite, the scope of eligible documents is easily
determinable and finite. If, perhaps, the number of documents and their
potential retrieval is considered too temporally or financially burdensome
or onerous, upon notice of which I would be happy to reduce the number of
records sought in order to have the request approved. In the scheme of
things, for BCC, to do one trace on 2 Seizure Events hardly seems
excessive given the number of seizure events performed per week by BCC,
according to the Pound, and given that BCC is in the top 4 largest
municipalities in the state, the number of public sector employees
commensurate with its size.
Thank you for your continued assistance in the finalisation and deployment
of this FOI request. Your hard work is much appreciated. Please forgive
any typos above but I could no longer afford to spend any more time
streamlining and editing this request. Sorry.
Yours sincerely,
Drew Scott, Esq. LLB BCom GradDipLP