POLICY:-
Government Information (Public
Policy Title:
Access) Policy
File Reference:
F10/618-05
Date Policy was adopted by Council
initially:
15 July 2010
Resolution Number:
274/10
21 July 2011, 20 January 2011, 19 July
Other Review Dates:
2012
Resolution Number:
259/11, 20/11, 234/12
Current Policy adopted by Council:
20 August 2015
Resolution Number:
222/15
Next Policy Review Date:
2018
PROCEDURES/GUIDELINES:-
Date procedure/guideline was
developed:
15 July 2010
Procedure/guideline reference
number:
N/A
RESPONSIBILITY:-
Draft Policy developed by:
Director of Finance and Administration
Committee/s (if any) consulted in
the development of this Policy:
N/A
Responsibility for implementation:
General Manager
Responsibility for review of Policy:
Director of Finance and Administration
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Upper Lachlan Shire Council - Government Information (Public Access) Policy
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Objective
The objective of this policy is to describe principles regarding public access to
information held by Upper Lachlan Shire Council and to facilitate the processing of
requests for such access. This policy is to be read in conjunction with the Access to
Information Guidelines for Local Government.
Scope
This policy applies to all staff of Upper Lachlan Shire Council who are responsible for
managing requests for access to information from members of the public, legal firms,
and government and non-government agencies.
Principles
Upper Lachlan Shire Council is committed to the following principles regarding public
access to documents and information:-
•
Open and transparent government;
•
Consideration of the overriding public interest in relation to access requests;
•
Proactive disclosure and dissemination of information; and
•
Respect for the privacy of individuals.
Implementation
Upper Lachlan Shire Council publishes specific open access information on our
website, free of charge unless to do so would impose unreasonable additional costs
to Council. Council will facilitate public access through this and other appropriate
mediums.
Council publishes, for inspection, documents listed Section 18, of the Government
Information (Public Access) Act 2009, and Schedule 1, of the Government
Information (Public Access) Regulation 2009, and held by it, unless there is an
overriding public interest not to do so. Council will keep a record of all open access
information that is not published because of an overriding public interest against
disclosure.
Council also makes as much other information as possible publicly available in an
appropriate manner, including on the Council website. Such information is also
available free of charge or at the lowest reasonable cost.
The ‘Access to Information Guidelines’ document associated with this policy
identifies the documents and types of information that are available for public access
and any restrictions that may apply.
Some documents may require a formal access application in accordance with the
Government Information (Public Access) Act 2009 (GIPA). Council will assess all
requests for access to documents and information in a timely manner and in
accordance with the ‘Access to Information Guidelines’ and relevant legislation.
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Upper Lachlan Shire Council - Government Information (Public Access) Policy
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Depending upon the nature of the request, and the form of access requested,
charges may be applied in accordance with Council’s adopted Operational Plan
including the Schedule of Fees and Charges in accordance with relevant legislation.
Broad requests for access to a large number of unspecified documents which, if
processed, would divert substantial Council resources from dealing with other
requests or from performing other Council functions may be refused on the grounds
that such a diversion of resources is contrary to the public interest. Council will
endeavour to assist in defining the request to a more manageable one.
Council also endeavours to release other information in response to an informal
request, subject to any reasonable conditions Council may impose having regard to
the circumstances of the case.
Where information is released to an applicant under a formal access application and
Council considers that it will be of interest to other members of the public, Council
will provide details of the information in a disclosure log for inspection by the public.
The General Manager has authority to approve “Access to Information Guidelines”,
which is to be available to members of the public.
Distribution of Information to the Public
Council has prepared an “Access to Information Guidelines for Local Government”
and “Frequently Asked Questions for Public Access to Documents”. Alternatively,
further GIPA Act information can be accessed from the Information and Privacy
Commission (IPC).
The contact details for the NSW Information Commissioner are as follows:-
Postal Address:
GPO Box 7011
SYDNEY NSW 2001
Street Address:
Level 11, 1 Castlereagh Street
SYDNEY NSW 2000
Telephone Number:
1800 472 679 (free call)
Facsimile Number:
(02) 8114 3756
Email:
xxxxxxx@xxx.xxx.xxx.xx .
Website:
www.ipc.nsw.gov.au
GIPA Access Applications
There is a right of public access to certain documents held by Council unless there is
an overriding public interest not to do so. A GIPA Access Application will be
processed in accordance with the GIPA Act’s requirements and a determination
made to release the documents or refuse access on the basis of the relevant
considerations under that Act.
The GIPA Act Access Applications are required by law to be completed in 20
working days. If consultation with a third party is required, a further 10 to 15 working
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Upper Lachlan Shire Council - Government Information (Public Access) Policy
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days extension is allowed. The applicant will receive a formal determination letter
with the requested documents or reasons why a document has been withheld.
There will be a statutory $30 application fee for all formal GIPA Act Access
Applications. In some circumstances photocopying, postage and processing fees
may also be applied. The GIPA Act Access Application form is provided as an
attachment to this policy.
Responsibilities of the Right to Information Officer
The Public Officer within Council, (the Administration Officer), is assigned the role of
the Right to Information Officer.
In order to ensure compliance with the GIPA Act, the Right to Information Officer will
receive, register and coordinate the review of all GIPA Access Applications and
ensure that Council is in compliance with the GIPA requirements. Amongst other
duties the Right to Information Officer has the responsibility of assisting people to
gain access to public documents of the Council.
The General Manager may assign an alternate designated Council Officer as the
“Internal Review Officer” to assess a specific GIPA Access Application.
An applicant may appeal against the initial determination by the Right to Information
Officer by completing a Request for Review Application and paying a $40 internal
review fee. This form together with any supporting documentation shall be forwarded
to Council’s General Manager to review the Right to Information Officer’s
determination.
What happens if the complainant is dissatisfied?
If the complainant remains dissatisfied, he/she may appeal to the NSW Information
Commissioner or request a review through the NSW Civil and Administrative
Tribunal (NCAT). Right to Information legislation only allows appeal to these bodies,
if you have made an initial formal GIPA Act Access Application and sought a request
for review of a determination.
Agency Information Guide
Council is responsible for preparing an Agency Information Guide in accordance with
the provisions of Section 20, of the Government Information (Public Access) Act
2009.
The Agency Information Guide outlines four ways for the public to access
government information from Upper Lachlan Shire Council. The means in which the
public may obtain Council information includes:-
1.
Open Access to Information;
2.
Proactive Release of Information;
3.
Informal Release of Information; and
4.
Formal GIPA Access Application for Release of Information.
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Upper Lachlan Shire Council - Government Information (Public Access) Policy
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An Agency Information Guide is a summary of what an agency does, how it does it,
and the type of information it holds and generates through the exercise of its
functions, with a particular focus on how those functions affect members of the
public. Council reviews the Agency Information Guide annually.
Copyright
There is information held by Council which relates to third parties and is the subject
of copyright. Such information may include; building plans, contracts, licences,
agreements, and other reports. Section 6 (6), of the GIPA Act 2009, provides that
nothing under Section 6 requires or permits Council to make open access
information available (in any way) that would constitute an infringement of copyright
laws.
Relevant Legislation
Council will assess requests for access to information with reference to:-
•
Government Information (Public Access) Act 2009;
•
Government Information (Public Access) Regulation 2009;
•
Government Information (Public Access) Amendment Act 2012;
•
Privacy and Personal Information Protection Act 1998;
•
NSW State Records Act 1998;
•
Local Government Act 1993;
•
Local Government (General) Regulations 2005;
•
Environmental Planning and Assessment (EPA) Act 1979;
•
Companion Animals Act 1998;
•
Local Government (State) Award 2014;
•
Fair Work Act 2009;
•
Work Health and Safety Act 2011 and Regulations;
•
Independent Commission against Corruption Act 1988;
•
Code of Conduct for Councillors, staff and delegates of Council;
•
Privacy Management Plan;
•
Complaints Management Policy;
•
Grievance Policy;
•
Disciplinary Policy;
•
Service Delivery Policy;
•
Fraud and Corruption Prevention Policy; and
•
Any other relevant legislation and guidelines as applicable.
VARIATION
Council reserves the right to vary or revoke this policy.
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Upper Lachlan Shire Council - Government Information (Public Access) Policy
Adopted: 20 August 2015
Government Information (Public Access) Act
2009
ACCESS APPLICATION
Please complete this form to apply for formal access to government information
under the
Government Information (Public Access) Act 2009 (
GIPA Act). If you need
help in filling out this form, please contact Council’s Right to Information Officer,
Carmel Hills, on telephone (02) 4845 4100 or visit our website at
www.upperlachlan.nsw.gov.au.
Your details
Surname:
…………………………………….
Title: Mr / Ms
Other names: ………………………………………………………………...
Postal address: ………………………………
Postcode: …………………
Day-time telephone: ....................................
Facsimile: …………………
Email:
…………………………………………………………………
Proof of identity
Only required when an applicant is requesting information on their own behalf.
When seeking access to personal information, an applicant must provide proof
of identity in the form of a certified copy of any one of the following
documents:
Australian driver’s licence with
Current Australian passport
photograph, signature and
current address
Other proof of signature and current address details
Government information
Are you seeking personal information?
Yes / No (circle one)
Please describe the information you would like to access in enough detail to allow us
to identify it.
Note: If you do not give enough details about the information, the
agency may refuse to process your application.
....................................................................................................................
....................................................................................................................
....................................................................................................................
Property Information:
Street Address
..................................................................................................................
Town:.......................................................Postcode:.........................
Lot No:.................................................... DP:....................................
Form of access
How do you wish to access the information?
Inspect the document(s)
A copy of the document(s)
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Upper Lachlan Shire Council - Government Information (Public Access) Policy
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Access in another way (please specify)
……………………………………………………..
Application Fee and Advance Deposit
You will need to complete a Formal Information Access Application form and pay the
$30.00 application fee. In some cases an Advance Deposit may be requested, where
the work required to produce the documents will take many hours.
I attach payment of the
$30 application fee by cash / cheque / money order (circle
one).
Disclosure log
If the information sought is released to you and would be of interest to other
members of the public, details about your application may be recorded in the
agency’s ‘disclosure log’. This is published on the agency’s website.
Do you object to this?
Yes /
No (circle one)
Applicant’s Signature: .................................................................
Date: ..........................................................................................
Please post this form:-
Upper Lachlan Shire Council
PO Box 42, GUNNING NSW 2581
Alternatively please lodge the form at:-
Upper Lachlan Shire Council
Gunning Office
123 Yass Street, GUNNING NSW 2581
E-mail address: xxxxxxx@xxxxxxxxxxxx.xxx.xxx.xx
General information about the GIPA Act is available by calling the Information and
Privacy Commission on 1800 472 679 (free call) or at its website:
www.oic.nsw.gov.au.
Office use only
Date application received: ...........................................................
File reference: .............................................................................
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Document Outline
