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Access to Information held by Council FAQ's
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Here we answer some questions that may arise about the right to information held by Council.
These questions address and elaborate on issues covered in the Access to Maitland City Council Information Guidelines . 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.
Please note that while every effort is made to ensure that the information provided is accurate, it is not a substitute for legal advice.
Select a question from the list below for the answer to that question.
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. Can Council refuse my formal request for information under GIPA? What are my review rights?
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 other government agencies?
15.
What information can I obtain about Council employees?
16.
What information can I obtain about tenders and contracts?
17. What information can I obtain about animals and animal ownership?
18.
What information can I obtain about insurance claims?
19.
How can Council assist those seeking historical information about a property?
20.
How can I find out what Council has disclosed under the Government Information (Public Access) Act?
1. What Information held by Council is available and how can I access it?
There are four ways in which government information is available.
1. Mandatory release:
You can search the agency’s website. Certain information must be disclosed on an agency’s website, free of charge. This includes the agency's policy documents, current publication guide, disclosure log and register of government contracts.
2. Proactive release:
You can ask the agency what information they will make available to the public, in addition to the information contained on their website. Agencies are encouraged to release as much government information as possible, in an appropriate way and free of charge (or at the lowest reasonable cost).
3. Informal request:
You can ask for specific information. Agencies are encouraged to release information without the need for a formal application, unless there are good reasons to require one. An Access to Information Application Form - Informal can be made for any documents that are of a non-contentious nature and wouldn't require 3rd party consultation.
4. Formal application:
This is the last resort, if you haven’t been able to get the information you need in any other way. You can formally request specific information. In limited circumstances, access to information will require a formal access application. An
Access to Infomation Application - Formal
can be made for access to documents that may be contentious or concern the personal affairs of others.
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 . If a document type is not listed please seek advice from Council's Public Officer by email at mcc@maitland.nsw.gov.au.
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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 Government Information (Public Access) Act 2009 , 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 Fees and Charges.
For requests to inspect documents under Government Information (Public Access) Act 2009, 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 Government Information (Public Access) Act 2009 applications within 20 working days (note: if consultation with a third party is required another 10 working 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 . 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 Council is conducting (or proposes to conduct) business Back to top
7. Can Council refuse my formal request for information under GIPA? What are my review rights?
Council can refuse your request if:
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the information you have asked for is already publicly available,
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you have not paid a deposit,
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your request would take an unreasonable amount of time to process,
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there is an overriding public interest against disclosure.
You have three options if you have been refused access to a formal request to information:
Internal review:
You can apply to the agency for an internal review. This is review by someone more senior than the original decision maker and there is a $40 fee.
. The application form is available here Formal Internal Review Application Form or from Council's Customer Service counter.
You have 20 working days from receiving notice of a decision to ask for an internal review.
Review by the Information Commissioner:
If you are not satisfied with the internal review, or do not want one, you can ask for a review by the Information Commissioner.
You have eight weeks from being notified of a decision to ask for this review.
Review at the Administrative Decisions Tribunal:
If you are not satisfied with the decision of the Information Commissioner or the internal reviewer or if you do not want to take these options you can apply to the Administrative Decisions Tribunal (ADT).
If you have already had a review by the Information Commissioner you have four weeks from notification of the decision to make this application.
If you haven’t had a review by the Information Commissioner you have eight weeks from notification of the decision to make this application.
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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 Government Information (Public Access) Act 2009 , 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;
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where giving the information is consistent with the purpose for which the information was collected
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where the person has consented to the disclosure or was made aware that information of this kind is usually disclosed, or
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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;
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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
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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
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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 Government Information (Public Access) Act 2009. The documents available for public inspection are listed in the Access to Maitland City Council Information Guidelines .
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 Application Form - Informal, 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 Application Form - Informal, 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 Government Information (Public Access) Act 2009. However Council will need to consider relevant privacy legislation, consult with any affected third parties and apply the public interest test in relation to the complaint. 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. You can apply for access to this information on the Access to Information Application Form - Informal. Back to top
14.Does Council disclose information to law enforcement and other government agencies?
Council will co-operate with law enforcement and other government agencies in providing access to information where required or permitted by law. 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 reasonably necessary for fulfilling the functions of that agency or required for law enforcement purposes. 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. 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.
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15. What information can I obtain about Council employees?
Personal information about Council employees is not publically available Back to top
16. 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 GIPA unless a restriction applies. Back to top
17. 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 Division of Local Government Companion Animals Website. Back to top
18. What information can I obtain about insurance claims?
Very general information about insurance claims may be publically available under Government Information (Public Access) Act 2009 unless a restriction applies. Back to top
19. 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 Fees and Charges. 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
20. How can I find out what Council has disclosed under the Government Information (Public Access) Act?
There are currently no disclosures on the register but this will be updated as disclosures are made. 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.
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