Access to Information
Government Information (Public Access) Act 2009
The Government Information (Public Access) Act 2009 (NSW) (GIPA Act) replaces the Freedom of Information Act 1989 (NSW) and has repealed Section 12 of the Local Government Act.
The GIPA Act provides an open and transparent process for giving the public access to information, and encourages the proactive release of information. It requires us to make information publicly available unless there is an overriding public interest against disclosure. This involves applying a public interest test.
Release of information by Coolamon Shire Council under the GIPA Act will be determined by the public interest test. As provided by section 13 of the Act, there is an overriding public interest against disclosure of information if (and only if) there are public interest considerations against disclosure and, on balance, those considerations outweigh the public interest considerations in favour of disclosure.
Accessing Council Information
There are four ways in which government information is available under the GIPA Act:
-
Certain information, referred to as open access information, must be published on the agency's website, free of charge. Council is required to publish the following open access information under section 18 of the GIPA Act:
Documents tabled in parliament
Disclosure log of access applications
Register of government contracts
Register of Investments - published in the monthly Business Paper
Register of Pecuniary Interest Disclosures
Record of open access information not publicly available
Other information as prescribed by the regulations as open access (see below)
Council is required to publish the following additional open access information under Schedule 1 to the Government Information (Public Access) Regulation 2009 (NSW) (GIPA Regulation):
Council Plans and Other Documents
Information about development applications
Information about approvals and orders - Please make an informal request for this information.
-
Under section 7(3) of the GIPA Act, Council is required to review its proactive release program at least every 12 months, to identify any information we hold that should in the public interest be made publicly available. Beyond mandatory release, agencies are encouraged (and authorised) to release as much government information as possible.
-
GIPA General Information Request Form
The informal release provisions under section 8 of the GIPA Act provides Council with the authority to release information without the need for a formal access application. Information can be informally requested from Council by contacting the Privacy Officer on 02 6930 1800.
Please note the GIPA Act provides no statutory timeframe by which informal requests must be decided within. Council is not required to disclose government information pursuant to an informal request and is also not required to consider an informal request for government information (s8(3)). Council can decide however by what means information is to be released in response to an informal request (s8(4)).
-
If information can't be accessed through any of the above avenues, a formal access application can be submitted to Council. Council will request a formal application be made for information only as a last resort, likely necessary if an applicant asks for a large volume of information, if providing access would involve an unreasonable diversion of resources on behalf of Council (i.e. extensive search, retrieval from archives), or if the information sought involves personal or business information about third parties that must be consulted before the information can be released.
Section 41 of the GIPA Act lists the formal requirements for making a valid access application:
it must be in writing sent to or lodged at Council;
it must clearly indicate that it is an access application made under the GIPA Act;
it must be accompanied by a $30 application fee;
it must state a postal address in Australia as the address for correspondence in connection with the application;
it must include such information as is reasonably necessary to enable the government information applied for to be identified.
Upon receipt of a valid access application, Council must give the applicant notice of its decision within 20 working days, although this time can be extended under section 57(2) to consult with third parties or retrieve information from archives. Processing charges may also apply as part of deciding the application. These are charged at a rate of $60 for the first 30 minutes, and $40 for each 15 minutes thereafter.
Applicants aggrieved with a reviewable decision set out under section 80 of the GIPA Act have the right to request a review of that decision. This fact-sheet outlines available review rights under the GIPA Act.
Section 375A Register
This Register records the information specified in Section 375A of the Local Government Act 1993 for decisions on planning matters for the Coolamon Shire Council.
GIPA Registers
You can access a range of GIPA Registers here.
A log of access applications and a register of government contracts is currently being developed. In the meantime, please contact Council directly on 02 6930 1800.
2020/2021 Government Information (Public Access) Act Annual Report
2019/2020 Government Information (Public Access) Act Annual Report
2018/2019 Government Information (Public Access) Act Annual Report
2017/2018 Government Information (Public Access) Act Annual Report
2016/2017 Government Information (Public Access) Act Annual Report
2015/2016 Government Information (Public Access) Act Annual Report
Where can I get more information about rights to information?
Go to www.ipc.nsw.gov.au
Email ipcinfo@ipc.nsw.gov.au
Mail GPO Box 7011, Sydney NSW 2001
Visit Level 15, McKell Building, 2-24 Rawson Place, Haymarket NSW 2000
Call 1800 472 679 between 9am to 5pm, Monday to Friday (excluding public holidays).