Department of Planning, Housing and Infrastructure
Our ref: 25-3571
Via email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
11 September 2024
Subject: Acknowledgement of application - GIPA Refence No. 25-3571
To whom it may concern
Your access application under the
Government Information (Public Access) Act 2009 (GIPA Act) was
received on 5 September 2024. You requested the Liverpool City Council - interim report for public
inquiry.
Your application is not a valid application.
Section 41(1) of the GIPA Act sets out the requirements that have to be met, if an application is to be
a valid application and are set out below:
(1) An application or other request for government information is not a valid access application
unless it complies with the following requirements (the formal requirements)
for access
applications-
(a) it must be in writing sent by post to or lodged at an office of the agency concerned or
made in the manner approved by the agency under subsection (2),
(b) it must clearly indicate that it is an access application made under this Act,
( c) it must be accompanied by a fee of $30,
( d) it must state the name of the applicant and a postal or email address as the
address for correspondence in connection with the application
,
( e) it must include such information as is reasonably necessary to enable the government
information applied for to be identified.
You have not me the requirements under s 41(1)(a) and s 41(1)(d).
In addition, the information you have requested is for excluded information under s 43 of the GIPA
Act, which makes your application an invalid application.
Section 43 of the GIPA Act states:
43 Access application cannot be made for excluded information
4 Parramatta Square, 12 Darcy Street, Parramatta NSW 2150
www.dpie.nsw.gov.au
1
Locked Bag 5022, Parramatta NSW 2124
(1) An access application cannot be made to an agency for access to excluded
information of the agency.
Note.
Information is excluded information of an agency if it relates to any function specified in
Schedule 2 in relation to the agency.
(2) An application for government information is not a valid access application to the
extent that the application is made in contravention of this section.
Schedule 2 of the GIPA Act states:
Schedule 2 Excluded information of particular agencies
Note.
Information that relates to a function specified in this Schedule in relation to an agency
specified in this Schedule is excluded information
of the agency. Under Schedule 1 it is to be
conclusively presumed that there is an overriding public interest against disclosure of excluded
information of an agency (unless the agency consents to disclosure). Section 43 prevents an
access application from being made to an agency for excluded information of the agency.
Clause 2 of schedule 2 lists the agencies whose complaints handling and investigation information
would be excluded information. The Office of Local Government is listed as shown below:
The Office of Local Government (including the Chief Executive and other Departmental
representatives }-complaint handling and investigative functions conferred by or under any Act
on that Department.
Your application is therefore not a valid application and cannot be processed.
If you have any questions or wish to discuss this matter further, please do not hesitate to contact
me.
Yours sincerely
Ajanti Gunatil aka
Senior Information Access and Privacy Officer
4 Parramatta Square, 12 Darcy Street, Parramatta NSW 2150
www.dpie.nsw.gov.au
2
Locked Bag 5022, Parramatta NSW 2124
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