On 1 July 2010 new right to information legislation came into effect, the Government Information (Public Access) Act 2009 (NSW) (GIPA), repealing and replacing the Freedom of Information Act 1989 (NSW) (FOI Act).
As part of this reform, the GIPA Act:
Release of information by Council under the GIPA Act will be determined by the public interest test. As provided by section 13 of the Act, there is an overriding public interest against disclosure of information if (and only if) there are public interest considerations against disclosure and, on balance, those considerations outweigh the public interest considerations in favour of disclosure.
You can find out more about right to information, the public interest test and the ways to access government information under the GIPA Act on the NSW Office of the Information and Privacy Commission (IPC) website at www.ipc.nsw.gov.au The IPC is an independent statutory authority responsible for overseeing the provisions of the GIPA Act. Please note the IPC does not and is unable to provide legal advice to stakeholders.
There are four ways in which government information is available under the GIPA Act:
1. Mandatory release: Certain information, referred to as open access information, must be published on the agency\'s website, free of charge.
2. Proactive release: Beyond mandatory release, agencies are encouraged (and authorised) to release as much government information as possible.
3. Informal request: Agencies are encouraged to informally release information, by excusing the need for a formal application (and fee) to be submitted.
4. Formal application: This is the last resort if information is not accessible in any of the above 3 ways. Decisions made in response to formal applications can be reviewed.
Council is required to publish the following additional open access information under Schedule 1 to the Government Information (Public Access) Regulation 2009 (NSW) (GIPA Regulation):
Under section 7(3) of the GIPA Act, Council is required to review its proactive release program at least every 12 months, to identify any information we hold that should in the public interest be made publicly available.
The informal release provisions under section 8 of the GIPA Act provides Council with the authority to release information without the need for a formal access application.
Information can be informally requested from Council by contacting the Right to Information Officer on 02 6847 6600.
Please note the GIPA Act provides no statutory timeframe by which informal requests must be decided within. Council is not required to disclose government information pursuant to an informal request and is also not required to consider an informal request for government information (s8(3)). Council can decide however by what means information is to be released in response to an informal request (s8(4)).
If information can't be accessed through any of the above avenues, a formal access application can be submitted to Council. Council will request a formal application be made for information only as a last resort, likely necessary if an applicant asks for a large volume of information, if providing access would involve an unreasonable diversion of resources on behalf of Council (i.e. extensive search, retrieval from archives), or if the information sought involves personal or business information about third parties that must be consulted before the information can be released.
• Go to www.ipc.nsw.gov.au
• Mail GPO Box 7011, Sydney NSW 2001
• Visit Level 11, 1 Castlereagh Street, Sydney NSW 2000
• Contact the IPC enquiries line on 1800 472 679 between 9am to 5pm, Monday to Friday (excluding public holidays).
Warren Shire Council
Phone: 02 6847 6600