Public documents & access to information

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

The GIPA Act provides that certain prescribed Council information must be made available on the Council website. This includes:

Policy documents
Disclosure Log(PDF, 80KB) of access applications
Agency Information Guide(PDF, 508KB)
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 a completed GIPA Application Form may be required.

Refer to Council's Agency Information 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.

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. 

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.

On 1 July 2010 new right to information legislation came into effect, replacing the former freedom of information law.

The new law:

• creates new rights to information that are designed to meet community expectations of more open and transparent government
• encourages government agencies to proactively release government information.

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.

Part 4 of the Model Code of conduct for Local Councils in NSW (2018) (Model Code) requires a Councillor or a designated person to complete and lodge with the General Manager a return disclosing his or her pecuniary interests. That return may contain personal information about each Councillor and designated person, including his or her name, address and signature, as well as information about property and share holdings, gifts received, debts owed, other sources of income, and positions held in a trade union or business or professional organisation.

In accordance with the Information and Privacy Commission NSW (IPC) Guideline1 for Local Councils issued on 26 September 2019, Written Returns of Interest for Councillors and Designated Persons are required to be published to Council’s website.

Redacted versions of Written Returns are available below:

• Councillors
  Councillors-Disclosure-of-Interest-Forms.pdf(PDF, 6MB)
  
  
• Staff 
  
  Council-Staff-Disclosure-of-Interest-Forms.pdf(PDF, 3MB)

4.27 Information contained in returns made and lodged under clause 4.21 is to be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulation 2009 and any guidelines issued by the Information Commissioner.”

ARIC-Disclosure-of-Interest-Forms.pdf(PDF, 3MB)