HOW TO ACCESS INFORMATION
HELD BY COUNCIL
FACT SHEET
GOVERNMENT INFORMATION
requested, we will contact you to
(PUBLIC ACCESS) ACT 2009
arrange a suitable time for you to
(GIPA ACT)
come in to Council and view the
The GIPA Act details the obligations
information.
of agencies such as Council to
FORMAL REQUESTS
provide access to certain information
we hold. Certain restrictions apply to
A formal application for access will
the type of information you can view
be required where release of
and receive a copy of.
information is generally restricted
due to considerations such as
Information may be ‘open access’
commercial confidence, legal
information that is already available
privilege, security concerns and
on our website. If not, it may need:
protection of privacy.
• an Application for Open Access
HOW TO APPLY
to Information about
To access information from Council
Development Applications
you can:
(without requiring an informal or
formal application)
• search our website, to see if it is
•
already available
written consent from a copyright
owner
• contact our Right to Information
•
Officer on 4732 7732, and/or
an Informal Application
•
•
submit the relevant application
a Formal Application or
form by email, fax, post or in
• a special access request to be in
person.
writing on company letterhead.
Application forms are available on
INFORMAL REQUESTS
Council’s website, from our customer
service offices at Penrith and St
You are encouraged to lodge an
Marys or by calling the above
informal application to access
number.
information held by Council where
the information you are seeking is
WHAT WILL IT COST?
not:
We do not charge any fee to process
• a special access request; or
an informal application, however if
• restricted due to considerations
you require copies of information
such as commercial confidence,
(that are not protected by copyright),
legal privilege, security concerns
charges for copying apply.
and protection of privacy; or
• information that contains
The application fee for a formal
personal information; or
request is $30, and under the GIPA
• in relation to another party or
Act you may also be asked to pay a
parties; or
charge for processing at $30 per
•
hour. Discounts may apply due to
open access information about a
financial hardship, waiver of fee for
Development Application; or
personal information or special
covered by any other application
benefit to the public. (Refer to
form.
Council’s website for current fees
If copyright protection restrictions
and charges).
apply to the information you have
HOW LONG WILL IT TAKE?
3. Apply to the NSW Civil and
Council will acknowledge a formal
Administrative Tribunal (NCAT).
application within 5 working days and
If you have already had a review by
notify applicants of a decision on an
the Information Commissioner you
informal or formal application within
have 20 working days from
20 working days, unless the
notification of the decision to apply to
applicant agrees to extend the time.
NCAT. If you go directly to NCAT you
Council may also extend the time by
have 40 working days from the
up to 15 working days where
notification of the original decision to
consultation with a third party is
make this application.
required or if Council needs to
retrieve a record from the Archives.
For more information on this topic
phone Council’s Right to
If Council defers access, we will
Information Officer on 4732 7732.
advise the applicant of the reason for
deferral and the date the information
will be available. A decision to defer
access is reviewable.
RIGHT OF REVIEW AND APPEAL
If Council does not make a decision
within the above timeframes we are
deemed to have refused the
application. Council will refund the
fee and the applicant may seek an
internal or external review of this
refusal. This will not apply if an
extension of time has been arranged
or payment of advanced deposit for
processing fee is pending.
Where an applicant is refused
access under a formal application,
Council will provide them with details
of the reason/s for refusal in writing.
An applicant has three options of
review:
1. Apply for review by Council
This is a review conducted by
Council’s Public Officer who is
independent of the original
determination. You have 20 working
days from receiving notice of a
decision to ask Council for this
review and it attracts a $40 fee.
2. Apply for a review by the
Information Commissioner
If you are not satisfied with the
internal review, or do not want one,
you can apply to the Information
Commissioner. You have 40 working
days from being notified of a decision
to apply for this review.
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