Accessing Council's information

Introduction

On 1 July 2010, The Government Information (Public Access) Act 2009 (the GIPA Act) came into effect. The provisions of the GIPA Act replaced the Freedom of Information Act and Section 12 of the Local Government Act. All applications for access to information and documents for all State Government agencies, including councils, are now subject to the GIPA Act. You can find out more about your right to information and new ways to gain access to NSW Government information by viewing the Office of the Information Commissioner (OIC) website www.oic.nsw.gov.au.

Accessing Information

Council seeks to ensure that genuine requests for information are handled in a prompt and helpful manner. In considering any request for access to information, Council also must take into account whether the privacy of any other party is affected by a particular request.

All applications submitted to Council are processed in accordance with the requirements of the GIPA Act. Council will decide whether to give access or refuse access to information sought on the basis of the relevant considerations set out in the GIPA Act.

Council is unable to provide any copies (including by email) of any copyright material such as plans or reports under the GIPA Act unless the copyright owner has provided express consent (written consent), however, Council allows members of the public to have “view only” access for the purposes of the GIPA Act.

Informal Applications for Information

Members of the public can contact Council’s Customer Service Centre on 1300 36 2170 and Council’s friendly Customer Service staff will assist you in completing the informal access to information form. The application form can also be downloaded from the link below. Members of the public can also request to speak with Council’s Access to Information Officer.

Click here to download the Informal Application for Information form.

Applications can be submitted to Council by email or by fax or in person at the Customer Service Centre located at Level 2, 33 Moore Street Liverpool.

If you are requesting information, it is important to provide an accurate details of the information to which you are seeking access. If insufficient information is supplied, Council may not be able to locate the information sought and so may refuse your request.

When dealing with your application, Council determines whether the information:

• Is readily available (for example, on Council’s website)
• Can be released to you through your informal application request (without requiring a formal application) and
• Requires written consent from a copyright owner. 

 In accordance with the GIPA Act, Council only requires a formal access application if it is not possible or practical to manage your request informally.

Formal Applications for Information

If information cannot be accessed through the informal application process, a formal application is necessary. The formal application process is required if the application involves a large amount of information or extensive searches, or the information that an applicant is seeking involves personal or business information about a third party who must and will be consulted before the particular information sought can be released.

 Examples of the types of requests that require a formal access application include:

• Requests that require substantial time and recourses to process
• Requests that  involve information about the personal affairs of individuals other than the applicant and
• Requests that would require Council to consult third parties.

 A formal application form must be completed and accompanied by a $30 fee, if it is determined that your application is a formal request for information. In some cases processing charges may also apply.

If a formal application is required, Council’s Access to Information Officer can assist you with completing your application so that Council can better understand the exact nature of your request. This assists Council in processing your request as quickly as possible, thereby limiting the fees and charges that are applicable in regard to processing a formal access application.

Click here to download the Formal Application for Information form.

Refusal of Requests for Access to Information

Council may sometimes refuse a request for information if there is an overriding public interest against the disclosure of information sought, or if the information sought by an applicant involves the unreasonable use of Council’s resources or the excessive allocation of time by members of Council staff.

Council will explain to any applicant the reasons that an access application has been refused, usually on the basis of the public interest test. If you are not satisfied with a refusal, you may apply to Council for an internal review by Council’s Review Officer (which involves a small fee). If not satisfied with the internal review by Council, you may seek to have the matter reviewed by the Office of the Information Commissioner.

Publication Guide

Section 20 of the GIPA Act 2009 requires Council to have a Publication Guide.  The guide provides an overview of Council's structure and functions and how members of the public can access information about Council and participate in the formulation of policies. 

Council's Publication Guide can be accessed by clicking the link directly below.
 

Click here to download Council's Publication Guide. 

Back to top