1 Purpose and intent of the policy
This policy supports council in its ongoing drive for good governance and the importance of being an open and accountable organisation. It describes information that is available to the public and how it can be accessed.
Public transparency
This policy gives effect to the Public Transparency Principles in section 58 of the Local Government Act 2020.
- Council decision making processes will be transparent except when the council is dealing with information that is confidential according to law.
- Council information will be publicly available unless the information is confidential according to law, or where releasing the information would be contrary to the public interest.
- Council information will be understandable and accessible to members of the municipal community.
- Public awareness of the availability of council information will be facilitated.
2 Policy objective
To provide detail on how council manages its information to ensure that information is made available to the public in line with the public transparency principles that demonstrate transparency of decision-making, appropriate management of confidential information, and support for the sharing of information in an understandable and accessible manner.
3 Who this policy applies to
This policy applies to all councillors, delegated committees under the Act, and council staff.
4 Definitions of key terms and acronyms used within this policy
Council
Means Moyne Shire Council, being a body corporate as a municipal council under the Local Government Act 2020
Councillors
Means individuals holding the office of a member of Moyne Shire Council.
Council Officer
Means the Chief Executive Officer and staff of council appointed by the Chief Executive Officer.
Closed Meetings
Under section 66(5) of the Act, council may determine that a meeting is to be closed to the public to consider confidential information. A meeting may therefore be closed to the public if council resolves to close the meeting, in order to consider a confidential matter regarding issues of a legal, contractual or personnel nature and other issues deemed not in the public interest.
Confidential Information
Is defined in section 3 of the Local Government Act 2020
Information
For the purpose of this policy, information includes documents as outlined in Section 57 (4) of the Local Government Act 2020
The Act
Means the Local Government Act 2020 (Vic)
5 Policy details
Access to information
Council information will be made available to the public in various ways, including: on the council’s website; at the council offices, and on request.
A range of council information is published on the council website
For assistance obtaining information or identifying which information will be helpful, members of the public are encouraged to contact the council in one of the following ways:
In person
Port Fairy Office - Princes Street Port Fairy
Mortlake Office – 1 Jamieson Avenue, Mortlake
Phone
1300 656 564
Email
moyne@moyne.vic.gov.au
Mail
PO Box 51, Princes Street, Port Fairy, Vic 3284
Members of the public are encouraged to indicate if they have any special requirements affecting their ability to access information and the council will endeavour to assist them. This may include technical, language or cultural requirements.
Complaints
If a member of the community wishes to question a decision about the release of information, they may raise it directly with the officer handling the matter in the first instance. If the person is not satisfied with the response or would like to contest the decision, they may direct their concern to the governance coordinator who can be contacted on (03) 5568 0555.
If not satisfied with council’s response, a person’s concerns about transparency may be raised directly with the VictorianOmbudsman’s office on (03) 9613 6222.
Information available to the public
This transparency policy applies to both documentary information, process information and how information will be made available to the public. It is an integral part of council’s Good Governance Framework.
Many council documents are prepared or adopted under the Local Government Act 2020. This includes general plans and policies, information about decision making processes as well as information about councillors and the council administration.
General policies
The council adopts policies that guide the way it conducts its business. These are available to the public. They include the following:
- Governance rules, which describe how meetings are conducted
- Community engagement policy
- Public transparency policy
- Election period policy
- Procurement policy
- Financial policies
- Complaints policy
Council meetings
Council meetings are open to the public, although meetings are sometimes closed to consider confidential information.
Decisions in council meetings are:
- made in an open and transparent forum and in accordance with the Local Government Act and the Governance Rules
- made fairly and on the merits of the matter, ensuring any person whose rights will be directly affected by a decision are entitled to communicate their views and have their interests considered
- informed through community engagement, in accordance with the community engagement principles and the community engagement policy.
Information relating to council meetings available to the public includes:
- dates and locations of meetings; meeting agendas
- reports to be considered; and minutes of meetings.
Council committees
Council has several committees. This includes the council’s audit and risk committee, advisory committees and community asset committees.
Information about committees available to the public includes:
- The membership of each committee
- The charter or terms of reference of each committee
- Reports submitted by committees to the council
- The CEO’s annual report on community asset committees.
Councillors
Elected councillors together form the governing body of the council.
The following information is available to the public to support transparency in the council’s decision making and actions:
- The name and contact details of each councillor
- The Councillor Code of Conduct;
- The Councillor Expenses Policy;
- A summary of each councillor’s personal interest disclosures;
- The Councillor Gift Policy and Gift Register.
Council administration
The council employs a Chief Executive Officer (CEO) who in turn employs and manages Council staff. The CEO and staff comprise the council administration that implements the council's decisions and ensures day-to-day operations.
Public information about the council administration includes:
- The names and titles of the CEO and the directors
- The CEO employment and remuneration policy
- The code of conduct for council staff
- The summary of personal interests lodged by each nominated staff member
Many operational decisions are made by council staff under the delegated authority of the council or the CEO. The registers of these delegations are available for public scrutiny.
Planning and resourcing
The council undertakes regular planning and monitoring of its activities and the resources allocated to support those activities.
This includes the following public documents:
- the community vision, developed with the municipal community
- the four-year council plan
- the ten-year financialplan; the 10-year asset plan
- the four-year revenue and rating plan
- the annual budget
- the quarterly budget report, and the annual report
Land use planning
The Planning and Environment Act 1989 provides for the council to be the planning authority and the responsible authority for land in the Moyne Shire. It also identifies planning documents that must be available for public inspection.
These include:
- the municipal strategic statement
- the municipality’s planning scheme
- proposed planning scheme amendments
- planning panel reports
- applications for planning permits
- decisions and determinations made about planning permits.
Note that some planning material, including planning schemes, is published on a Victorian government website at
Other Acts
Documents kept by the council under other Acts that are available to the public include:
- Catchment and land Protection Act 1994 – Roadside weed and pest management plan
- Climate Change Act 2017 – Greenhouse gas emissions reductions pledge
- Domestic Animals Act 1994 – Domestic animal management plan
- Domestic Animals Act 1994 – Prohibited dog and cat areas
- Public Health and Wellbeing Act 2008 – Public health and wellbeing plan
- Road management Act 2004 – Road management plan
- Road management Act 2004 – Register of public roads.
Other information
In addition to matters prescribed in legislation, the council provides a range of information to assist residents and the community.
Council publishes a range of newsletters, reports and handbooks for residents, businesses, and visitors to the municipality. These can be downloaded from the council’s website or obtained at a council office.
The council website also includes detailed information about a wide range of council functions, along with information for the public on how to access services or make applications.
Restricted information
Some council information is not made publicly available. This will occur if the information is confidential information, or if its release would be contrary to the public interest, or if disclosure would be unlawful.
Reports and records of councillor workshops (briefings), advice provided by council officers, unpublished draft documents or internal emails and file notes are considered to be internal working documents and as such are classified as restricted information.
Public release of information may be subject to the Privacy and Data Protection Act 2014. It includes the types of information listed in the following list.
- Council business information
Information that would prejudice the council’s position in commercial negotiations if prematurely released
- Security Information
Information that is likely to endanger the security of council property or the safety of any person if released
- Land use planning information
Information that is likely to encourage speculation in land values if prematurely released
- Law enforcement information
Information which would be reasonably likely to prejudice the investigation into an alleged breach of the law or the fair trial or hearing of any person if released
- Legal privileged information
Information to which legal professional privilege or client legal privilege applies
- Personal information
Information which would result in the unreasonable disclosure of information about any person or their personal affairs if released
- Private commercial information
Information provided by a business, commercial or financial undertaking that relates to trade secrets or that would unreasonably expose the business, commercial or financial undertaking to disadvantage if released
- Confidential meeting information
Records of a council and delegated committee meetings that are closed to the public to consider confidential information
- Internal arbitration information
Confidential information relating internal arbitration about an alleged breach of the councillor code of conduct.
- Councillor Conduct Panel confidential information
Confidential information relating to a councillor conduct panel matter
- Confidential information under the 1989 Act
Information that was previously confidential under the Local Government Act 1989
Public interest test
Where information is not confidential the council will consider the public interest when deciding if information should be publicly available.
When considering the public interest, the Council will apply the test that exists in the Freedom of Information Act 1982. This means that the council may refuse to release non-confidential information if it is satisfied that the harm to the community from releasing the information would exceed the public benefit of it being released.
Freedom of Information Act
While the council is committed to public transparency there may be occasions where a person wishes to obtain information not released by the Council. The Freedom of Information Act 1982 (FOI Act) gives a person certain rights to access council documents.
The FOI Act supports council to release information proactively and informally outside of the FOI Act where it is possible and lawful to do so, and to make the maximum amount of information available to the community promptly and inexpensively.
Section 7 of the FOI Act also requires the council to publish a “Part II Statement” that includes a description of documents held by the council as well as information to assist members of the public in accessing council documents.
The Part II Statement along with information about Freedom of Information applications
6 Relevant legislation / references
Freedom of Information Act 1982
Local Government Act 2020
Privacy and Data Protection Act 2014
Equal Opportunity Act 2010
Charter of Human Rights and Responsibilities Act 2006
Gender Equality Act 2020
7 Gender impact assessment
A gender impact assessment should be undertaken for this policy.
8 Human rights commitment
It is considered that this policy does not impact negatively on any rights identified in the
Charter of Human Rights and Responsibilities Act (2006).
9 Policy owner
Manager Governance and Corporate Planning.