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NSW Freedom of Information Act 1989
Overview
The NSW Freedom of Information (FOI) Act gives individuals legally enforceable rights to access documents held by public agencies including local government. The objectives of the FOI Act are to extend the rights of the public, as far as possible, to obtain access to information held by the Government and to ensure that records held by the Government concerning the personal affairs of members of the public are not incomplete, incorrect, out of date or misleading.
The main purpose of FOI is to provide the public with access to as much documentation and information held by local government agencies as is possible in circumstances of each application. The FOI Act helps to ensure that NSW Government agencies operate in an open, transparent and accountable manner. At the same time, the FOI Act places limits on applicant's rights to access certain information. For example, a public agency has the right to refuse an application if documents are publicly available or if the request would be an unreasonable diversion of its resources. You may be denied access to information where, for example, there is a legitimate need for confidentiality or where another person's privacy may be invaded. This information is called 'exempt' and can include but is not limited to: information concerning the personal affairs of another person, the business affairs of a person or business or documents subject to legal professional privelege.
What sort of Information can I seek?
You can ask for any kind of personal or non-personal information. Personal information includes matters pertaining to the applicant. Non-personal information is classified as any other information not relating to the personal affairs of the applicant. You do not need to give a reason for seeking the information.
Applying for Information
Every day Council responds to requests for general information from the public. You should always request the information in the first instance, and a Council officer will advise you if an FOI application is required. Documents can relate to hard copy records, computer generated, maps, photographs, tape recordings and video recordings.
The application form is available online Freedom of Information Application Form (PDF - 83 KB) or from Council's Customer Service counter. In your application, please provide as much information as possible about the documents you wish to access. If you are unsure, Council's Public Officer will assist you to identify the documents.
What fees are payable?
In accordance with Council's Revenue Policy (PDF - 776 KB) if you are required to submit an application, please forward it in writing accompanied by a $30 application fee (50% reduction in fees for some circumstances such as pensioner concessions). Processing fees can differ: access to records by a natural person about their personal affairs costs $30 which includes up to 20 hours processing time for this fee. After the first 20 hours the fee will be calculated at $30 per hour. All other requests are processed at $30 per hour. Processing fees can apply for locating the information, consultation, determination of the application and any necessary photocopying charges.
Processing of FOI Applications
Council has a responsibility to deal with your application as soon as possible. If your application concerns the personal or business affairs of a third party, Council is required to take reasonable steps to consult with the third party to obtain their views. Council must take into account any views from third parties offered when making its decision.
Council will make a determination of your application to the effect of either disclosure or non-disclosure of the requested information and you and any concerned third parties will be notified in writing of this decision. If you are denied access to documents or are aggrieved by Council's decision you are entitled under the Act to apply for a review of the determination (a $40 fee applies). A more senior Council officer than the original decision-maker will conduct this review. If you are still aggrieved after this process you also have the right under the Act to appeal to the Administrative Decisions Tribunal. You are also entitled to request the NSW Ombudsman to investigate Council's processing of the application.
How long will my application take?
You will be advised in writing within 21 days whether the records will be disclosed. This period may be extended by a further 14 days if special circumstances apply, such as the need to consult with a third party.
Contact Details:
Maitland City Council
Contact Person: Council's Public Officer Mr Graeme Tolhurst
Visit: 285 - 287 High Street Maitland
Phone: (02) 49 349700
Mail: PO Box 220, Maitland, NSW, 2320
Email: mcc@maitland.nsw.gov.au
Related Documents
A list of FOI related documents for download:
Related Resources
A list of FOI references including;
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