Access to Council Information

Maitland City Council is subject to NSW legislation that requires us to be open and accountable in the exercise of Council's functions, and to handle personal information in a fair and reasonable manner. Council will seek to ensure that legitimate requests for access to information are handled promptly and that members of the public  are able to access information, subject however to the need to protect the privacy of others, commercially sensitive information and information the disclosure of which would not be in the public interest.

The objective of this webpage is to describe Council's procedures regarding public access to information and to facilitate the processing of requests for such access. Maitland City Council is committed to the following principles regarding public access to records:

• open and transparent government
• consideration of the public interest in relation to such access requests
• respect for the privacy of individuals

Council has developed an "Access to Information Guidelines" document which identifies the who, what, when, where and why in regards to records of public access and any restrictions that may apply. 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.

• Department of Local Government publication - How to Access Council Information Factsheet (PDF - 89 KB)
• Access to Maitland City Council Information Guidelines (Word - 190 KB)
• Statement of Affairs - June 2009 (Word - 2.2 MB)

Under What Legislation Can I Inspect Council's Records

The table below identifies the different types of records that are available under current NSW legislation. Please identify the type of record you are seeking to access. If you are unsure please contact Council's Public Officer for assistance.

Access to Information held by Council FAQ's

1.   What information held by Council is available and how can I access it?
2.   What costs are involved in applying for access to information?
3.   What are Council's Obligations?
4.   What is the "Public Interest"
5.   What is available for inspection without the need for a formal written application?
6.   What restrictions are there in accessing information held by Council?
7.   What happens if Council refuses to provide documents associated with my application?
8.   What information can be provided about a named individual?
9.   What information is available about property ownership?
10.  What information can I access about development applications?
11.  How do I obtain submission letters to a development application?
12.  Can I gain access to development consents and/or construction certificates?
13.  Can I access details of a complaint?
14.  Does Council disclose information to the police and other law enforcement agencies?
15.  Does Council disclose information to other government agencies?
16.  What information can I obtain about Council employees?
17.  What information can I obtain about tenders and contracts?
18.  What information can I obtain about animals and animal ownership?
19.  What information can I obtain about insurance claims?
20.  What information can I apply for under the NSW Freedom of Information Act 1989? 
21.  How can Council assist those seeking historical information about a property?

These questions address and elaborate on issues covered in the Access to Maitland City Council Information Guidelines (Word - 190 KB). These questions are based on common enquiries made in relation to access to information held by Council. It is advisable to read the Guidelines first, as they will address the majority of issues.

1.   What Information held by Council is available and how can I access it?

The types of documents that are classified as accessible and not-accessible are listed in detail in Council's Access to Maitland City Council Information Guidelines (Word - 190 KB). If a document type is not listed please seek advice from Council's Public Officer by email at mcc@maitland.nsw.gov.au . Back to top

2.   What costs are involved in applying for access to information?

As far as possible Council will deal with requests to inspect documents in accordance with the NSW Local Government Act 1993 , the NSW State Records Act 1998 and the NSW Environmental Planning and Assessment Act 1979 and Regulations 2000 free of charge. However a reasonable photocopying fee may be payable. A fee may also be payable for access to versions of documents that are neither current nor immediately preceding versions of the document and are not reasonably accessible. Any charges applicable are detailed in Council's Revenue Policy (PDF - 776 KB).

For requests to inspect documents under NSW Freedom of Information Act 1989 , the NSW Privacy and Personal Information Act 1998 and the NSW Health Records and Information Protection Act 2002 an application fee of $30 is payable including GST. However processing charges of $30 per hour may also be applicable depending on the circumstances of the application. Applicants may be eligible for a 50% reduction in fees in some circumstances such as where the applicant has a pensioner concession. Back to top

3.   What are Council's Obligations?

(a)   To respond to Freedom of Information applications within 21 days (note: if consultation with a third party is required another 14 days is allowed under the Act).

(b)   To respond to Access to Information applications within 7 days

(c)   To process such applications taking into consideration the public interest

(d)   To liaise with customers on details of their application where appropriate

(e)   To promote the use of Council's website to provide access to a wide range of documents

(f)   To ensure Council staff have up-to-date training on dealing with Access to Information applications

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4.   What is the "Public Interest"

The "public interest" is not defined within any Act but it has been variously described as "something which is of serious concern and benefit to the public", not merely something of individual interest. It has also been held that public interest does not mean "of interest to the public" but "in the interest of the public", i.e. it serves the interests of the public. In his 2002 Annual Report, the former Irish Information Commissioner defined the public interest in the following way:

"In very general terms, I take it that the public interest is that which supports and promotes the good of society as a whole (as opposed to what serves the interests of individual members of society or of sectional interest groups). In this sense I take it that the term "public interest" broadly equates with the term "the common good".

The Deputy NSW Ombudsman, Mr Chris Wheeler, has recently released a paper on the public interest and concludes that the main objective in using the term "the public interest" is to "direct consideration away from private, personal, parochial or partisan interests towards matters of broader (i.e. more public) concern". Back to top

5.   What documents are available for inspection at Council without the need for a formal written application?

Some documents held by Council are available as a matter of routine and can be inspected without any formal application or procedures. Examples of these types of documents are Business papers and minutes of open council meetings, Council's annual report, management plan, policies, planning instruments, local environmental plan, etc.

Council also maintains a number of public registers that are available for inspection by members of the public. A full list of registers is contained within the Access to Maitland City Council Information Guidelines (Word - 190 KB). Some of these registers do not contain personal information and can be inspected at any time. Registers that do contain personal information can be inspected on Council premises but Council is required to ensure that any person seeking to inspect a register is doing so for a purpose consistent with the purpose for which the register was created. Council may require a statutory declaration from a person regarding the purpose for which access is sought. The person may be asked to declare that the information will not be used for any other purpose than that indicated. A member of the public may view and copy one entry in a public register without having to provide a reason. Back to top

6.   What restrictions are there in accessing information held by Council?

Under current State legislation some information held by Council may not be released. Accordingly, Council may restrict access to some information where:

(a)   Council is satisfied that allowing access would on balance be contrary to the public interest

(b)   the information discloses legal advice and/or correspondence between Council and its legal representatives

(c)   information in advice from Council's insurers or agents

(d)   disclosure of the information would reveal personal matters concerning particular individuals, eg personal, health or disciplinary matters regarding staff

(e)   disclosure would reveal information concerning the personal hardship of a resident or ratepayer

(f)   disclosure of personal information contained in a complaint

(g)   disclosure of the information would reveal a trade secret

(h)   disclosure of the information would constitute an offence or a breach of confidence; or

(i)   disclosure of the information would if disclosed confer a commercial advantage to a party with whom Counci is conducting (or proposes to conduct) business Back to top

7.   What happens if Council refuses to provide documents associated with my Access to Information application?

If access to any document(s) is refused you will be advised in writing for the reasons for the refusal, and where appropriate, other means of access will be suggested (such as submitting an FOI application).

Where a member of the public is refused access under s.12 NSW Local Government Act 1993, staff will provide details of the reasons for refusal in writing. A report will be submitted to Council and the matter will be reviewed within three (3) months. The member of the public can request a further review of the decision after three (3) months of the original review.

Any member of the public who is dissatisfied with Council's handling of the request to access documents or Council's procedures in relation to access to information may lodge a complaint with the NSW Ombudsman who can provide advice on the process to be followed. Back to top

8.   What information can be provided about a named individual?

Information about a named individual can only be provide to another person or organisation where disclosure is consistent with Council's obligations under s.12 NSW Local Government Act 1993, the NSW Freedom of Information Act 1989  , the The Privacy and Personal Information Act 1998  and the NSW Health Records Information Protection Act 2002. These Acts do not prohibit disclosure but set out circumstances in which Council may provide information including the following;

• where giving the information is consistent with the purpose for which the information was collected
• where the person has consented to the disclosure  or was made aware that information of this kind is usually disclosed, or
• where another Act or law permits disclosure

There are a variety of other circumstances where Council may disclose personal information to other agencies including law enforcement authorities. Back to top

9.   What information is available about property ownership?

Council will only provide property ownership information as long as it is reasonably justifiable to disclose that information. An example of a justifiable reason would be the request of a name and/or contact details of an absent property owner of an adjoining property to enable a claim to be made under the NSW Dividing Fences Act 1991.

However for general property title searches the NSW Land and Property Information Service at the NSW Department of Lands provide this service for a prescribed fee. Details of online searches that include the name of the current owner can be accessed at lpi online which is on the NSW Government - Department of Lands website. Back to top

10.   What information can I access about development applications?

Information about the status of particular development applications can be provided to any member of the public. Such information is available from the Development Application Register. The register contains such information as is set out in s.264 - 267 of the NSW Environmental Planning and Assessment Regulations 2000.

Any member of the public may also inspect a development application and the documents lodged with the application whilst the application is under assessment by Council. Council may also allow access to other documents held on the development application file dependant upon the merits of the request - this includes access to submission letters. However access will not be given to information, which if disclosed, would be likely to prejudice the commercial interests of the applicant, reveal a trade secret or would have an adverse effect on the security of any building or structure. Examples of the types of document that are not available include but is not limited to;

• plans of internal layout or design of a residential building - only plans showing height and external configuration of a building including shadow diagrams and landscape plans are available
• Council staff assessment advice, filenotes, memos, emails or reports (other than those reports to an open meeting of Council) prior to the application being determined
• list of intended recipients of the mail merge letter sent to advise adjoining owners of the submitted application

Access to development applications and documents on file after an application has been determined is provided in accordance with the NSW Environmental Planning and Assessment Act 1979 and Regulations 2000 and s.12 NSW Local Government Act 1993 . The documents available for public inspection are listed in the Access to Information Guidelines (PDF - 190 KB). .

Note that if you obtain copies of plans or other documents associated with the development application there is a matter of owners copyright applicable. Under the Commonwealth Copyright Act 1968 you must seek the copyright owner's consent in order to use any part of the document for any purpose. Back to top

11.   How do I obtain submission letters to a development application?

Obtain a copy of the Access to Information - under s.12 LGA application form (PDF - 83 KB). and write "submissions / objections" on the line provided.

Submission and objection letters lodged pursuant to the development application process are deemed to be lodged as part of a public process. Objectors and supporters are informed by a development application notification letter that their submissions will be made public. However, under s.739 NSW Local Government Act 1993, a person may request that their name and address be removed from documents available for inspection, if disclosure would place that person or members of their family's personal safety at risk. Council is required to give consideration to the public interest in determining requests for access to submissions. It is therefore important that submission letters only contain information relevant to the development application and not information of a personal nature. Back to top

12.   Can I gain access to development consents and/or construction certificates?

Yes, obtain and complete an Access to Information - under s.12 LGA application form (PDF - 83 KB). and write DA or CC consent for the requested address. Copies of documents will be provided on payment of the prescribed fee listed in Council's Schedule of Fees and Charges. Back to top

13.   Can I access details of a complaint?

Requests for access to complaints to Council may be made under the NSW Freedom of Information Act 1989 . However Council will need to consider relevant privacy legislation, consult with any affected third parties and decide on the public interest in relation to the complant. Where a copy of the complaint with the complainant details cannot be provided to the applicant, Council will provide a copy of the complaint with the complainant's personal details removed so that applicants may fully understand the circumstances and concerns of members of the public. Back to top

14.   Does Council disclose information to the police and other law enforcement agencies?

Council will co-operate with law enforcement agencies such as the NSW Police or other agency. In addition to publically available information, Council will comply with lawful directions and will consider any additional formal requests for information where Council is satisfied the information is required for law enforcement purposes. Back to top

15.   Does Council disclose information to other government agencies?

Council will co-operate with other government agencies in providing access to information where required or required or permitted by law. If the request is for access to personal information held by Council the requesting agency may be required to provide details of its powers to seek that information. Council may also provide information to another government agency or public utility where requested in writing and where it is satisfied that the information is reasonably necessary for fulfilling the functions of that agency.

Such agencies are normally subject to similar obligations under the NSW Privacy and Personal Information Act 1998 or the NSW Health Records and Information Protection Act 2002  in relation to that information as is Council. Back to top

16.   What information can I obtain about Council employees?

Personal information about Council employees is not publically available Back to top

17.   What information can I obtain about tenders and contracts?

Information about the name and price of a successful tenderer is publically available under s.175 of the NSW Local Government (General) Regulations 2005. Any request for general information concerning tenders and contracts may be available under s.12 NSW Local Government Act unless a restriction applies. Back to top

18.   What information can I obtain about animals and animal ownership?

Information held by the Council concerning companion animals must be handled in accordance with the NSW Companion Animals Act 1998 and cannot be disclosed to the public. Further information regarding the Companion Animals legislation can be found on the NSW Government - Department of Local Government - Companion Animals FAQ publication website. Back to top

19.   What information can I obtain about insurance claims?

Very general information about insurance claims may be publically available under s.12 NSW Local Government Act 1993 unless a restriction applies. Back to top

20.   What information can I apply for under the NSW Freedom of Information Act 1989?

An Access to Information - under s.17 FOI Act application form (PDF - 72 KB). can be made for access to any document held by Council. Applicants are encouraged to utilise this Act where documents may be contentious or concern the personal affairs of others.

If an FOI application is lodged for documents which could be made available under s.12 NSW Local Government Act 1993 Council wil contact the applicant. If the applicant agrees to withdraw the FOI application and written confirmation is received, Council will refund the application fee and process the application under s.12 NSW Local Government Act 1993. If the applicant does not wish to withdraw the application the matter will be dealt with in accordance with the provisions of the the NSW Freedom of Information Act 1989.

If your FOI application is refused, only granted in part or if you are unhappy with the decision you have the right to seek an internal review of the decision. This is a review of the original decision by a more senior officer within the organisation. As an applicant you have twenty eight (28) days from the date of the determination in order to lodge an application for internal review. The application form is available here Application form for Review of FOI Determination (PDF - 68 KB). or from Council's Customer Service counter.

The application for review should be in writing on the form provided and addressed to the General Manager. You must specify the decision you want reviewed and include the review fee of $40 ($20 if reduced in certain circumstances such as pensioner concession) as specified in Council's Revenue Policy (PDF - 776 KB). Council will then complete a review of the decision within fourteen (14) days.

If you are still not happy with the outcome of the internal review you can seek review by the NSW Ombudsman who can investigate the decision and make recommendations that Council must consider.

You can also appeal to the Administrative Decisions Tribunal (ADT) within sixty (60) days of the Ombudsman's decision or refusal to investigate. Alternatively you can appeal directly to the ADT following an internal review. If the matter is taken to the tribunal, ordinary legal costs will have to be paid. Back to top

21.   How can Council assist those seeking historical information about a property?

Council can provide a search, retrieval and research service involving detailed examination of files and databases which may contain information about particular properties where the information is not held in current files or information systems. The service is available at a cost of $120 and is listed in Council's Revenue Policy (PDF - 776 KB). Depending on the nature of the request, the owners consent may be required before provision of the documents where access to plans or other similar documents is sought. Back to top

Council will assess requests for access to information with reference to the following legislation. Please refer to the links below for more detailed information to help you access Council information.

• Section 12 of NSW Local Government Act 1993
• NSW Freedom of Information Act 1989
• NSW Privacy and Personal Information Act 1998
• NSW Health Records Information Protection Act 2002
• NSW State Records Act 1998
• NSW Environmental Planning and Assessment Act 1979 and Regulations 2000