The Government Information (Public Access) Act 2009 (the GIPA Act) replaces the Freedom of Information Act 1989 and section 12 of the Local Government Act 1993 in NSW.
The GIPA Act encourages the proactive release of Council information and aims to promote a more open and transparent government.
There are four avenues to access Council information under the GIPA Act:
• Mandatory disclosure of open access information
• Proactive release of information
• Informal release of information
• Formal access application
Open Access Information
The GIPA Act provides that certain prescribed Council information must be made available on the Council website. This includes:
• Policy documents
• Disclosure Log of access applications
• Publication Guide
• Government Contracts Register
• Record of open access information that is not made available to the public on the basis of an overriding public interest against disclosure
Consistent with the underlying principles of the GIPA Act, Council may also make a range of information available to the public free of charge on our website.
Some of this information is available on our website free of charge and some information is available in other formats for a small charge.
Under the GIPA Act, Council can release other information in response to an informal request and where that information is not made available on the website.
Council may impose conditions on the release of such information. There is no charge for making an informal request for information, however an Informal Access Application should be completed.
Refer to Council's Publication Guide for the type of information that is available for informal release.
For access to information that is not made available through the other three avenues, a formal access application will need to be made and is the last resort for obtaining Council information that is not available any other way . The GIPA Act provides that members of the public have a right to access information unless the GIPA Act provides a reason to withhold information.
There is a $30 application fee for a formal access application and a processing charge of $30 per hour.
Complete a GIPA Application Form to make a Formal Access Application.
Unsure how to get the information you want?
Step 1: As a first step you should search this website (using the search box at the top of this page) to see if it is already available.
Step 2: Check the Publication Guide to see if it is open access information. The Publication Guide will tell you how to obtain the information.
Step 3: If the information is not routinely available (i.e. not open access information) you need to make an informal information request or a formal access application.
Copying of Documents
Legal copyright provisions apply to the copying of all documents at Gilgandra Shire Council. Due to the Copyright Act 1968, there may be documents which may not be copied, without consent of the copyright owner. Some of these documents could include certain building plans, publications and consultant's reports.
If documents are available to be copied, copying charges may apply. Applicable fees and charges are outlined in Council's adopted Fees and Charges (see below).
Processing of your application
To ensure that applications are processed as quickly as possible, applications should provide sufficient information on the application form to enable the correct documents to be identified.
Your request will be assessed by Council officers under GIPA 2009 and relevant legislation.
You will be notified within five (5) business days as to whether your application for access to information is to be granted, and, if so, when the information will be available for you to inspect.
Once Council notifies you the information is available, you will be able to inspect it at any time within 7 days of the date of notification. Should you require an extension of time, please contact Council's Public Officer.
Documents can be viewed during office hours, Monday to Friday 8.30am to 5.00pm at Gilgandra Shire Council’s Administration Building in Warren Road, Gilgandra.
Your Right to Information
On 1 July 2010 new right to information legislation came into effect, replacing the former freedom of information law.
The new law:
You can find out more about your right to information and new ways to access NSW government information on the Office of the Information Commissioner (OIC) website at www.oic.nsw.gov.au.
When accessing Council documents, you need to be aware of the Privacy and Personal Information Protection Act 1998, which helps to protect personal information and the privacy of individuals. Download a copy of Council's Privacy Management Plan PDF (525kb).
Council's public documents have been separated into three categories: