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Access to information - Government Information (Public Access) Act 2009

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:

  • upholds rights to information that are designed to meet community expectations of more open and transparent government;
  • maintains there is a presumption in favour of the disclosure of government information unless there is an overriding public interest against disclosure;
  • authorises and encourages government agencies to proactively release government information;
  • makes it possible for government agencies to release information informally, without the need to submit a formal access application;
  • requires that a government agency must release information unless there is an overriding public interest against disclosure;
  • provides applicants with review rights around information access decisions.

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 Commissioner (OIC) website at www.oic.nsw.gov.au. The OIC is an independent statutory authority responsible for overseeing the provisions of the GIPA Act. Please note the OIC does not and is unable to provide legal advice to stakeholders.

Accessing Council Information

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 (PDF) (16.95 KB) :

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.

How can I get council information?

Open access information

Council is required to publish the following open access information under section 18 of the GIPA Act:

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):

  • Information about council
  • Council Plans and Policies
  • Information about development applications
  • Information about approvals, orders and other documents


Proactive release

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. Clear here to access the information Council has made proactively available.

Informal request
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…[insert relevant processes / contact details]…

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)).

Making a formal access application
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.

Section 41 of the GIPA Act lists the formal requirements for making a valid access application:

  • it must be in writing sent to or lodged at Council;
  • it must clearly indicate that it is an access application made under the GIPA Act;
  • it must be accompanied by a $30 application fee;
  • it must state a postal address in Australia as the address for correspondence in connection with the application;
  • it must include such information as is reasonably necessary to enable the government information applied for to be identified.

Upon receipt of a valid access application, Council must give the applicant notice of its decision within 20 working days, although this time can be extended under section 57(2) to consult with third parties or retrieve information from archives. Processing charges at a rate of $30 per hour may also apply as part of deciding the application. [agencies may wish to flesh out this part if they have developed internal policies around section 127 of the Act – to waive, reduce or refund fees & charges]

Applicants aggrieved with a reviewable decision set out under section 80 of the GIPA Act have the right to request a review of that decision. This fact-sheet outlines available review rights under the GIPA Act.

Where can I get more information about right to information?

Contact Details

Clr Gregory Schaefer

Ward A

First Elected to Council on 04 December 2021.

Clr Schaefer has been elected as Walcha Council’s Delegate to the following Committees:

  • New England Bush Fire Management Committee
  • Walcha Local Liquor Accord Committee

Clr Aurora Reilly

Ward D

First Elected to Council on 04 December 2021.

Clr Reilly is a member of the following Council Committees:

  • Walcha Council Beautification Advisory Committee
  • Walcha Council Youth Advisory Council
  • Walcha Council Audit Risk & Improvement Committee

And has also been elected to be Council’s Delegate on the following organisations:

  • NSW Public Libraries New England Zone Committee
  • Central Northern Regional Library Committee
  • Walcha Community Consultative Committee

Clr Anne-Marie Pointing

Ward B

First Elected to Council on 04 December 2021.

Clr Pointing is a member of the following Council Committees:

  • Walcha Council Beautification Advisory Committee
  • Walcha Council Preschool Advisory Committee

Clr Eric Noakes

Ward B

First Elected to Council on 10 September 2016.

Elected as Mayor on 28 September 2016. Re-elected unopposed on 22 December 2021.

Councillor Noakes is Council’s Delelgate on the following Committees:

  • Namoi Councils Joint Organisation
  • Country Mayors Association of NSW (CMA)
  • Mid North Weight of Loads Group
  • Walcha Local Health Committee

And is also a member of the following Council Committees:

  • Walcha Council Arts Advisory Committee
  • Walcha Council Aboriginal Advisory Committee
  • Walcha Council Capital Advisory Committee

Clr Scott Kermode

Ward C

First Elected to Council on 10 September 2016

Elected as Deputy Mayor on 22 December 2021

Councillor Kermode is Council’s Delegate on the following Committees:

  • New England Weeds Authority

And is also a member of the following Council Committees:

  • Walcha Council Capital Advisory Committee
  • Walcha Council Aboriginal Advisory Committee

Clr Nena Hicks

Ward C

First Elected to Council on 04 December 2021.

Clr Hicks is a member of the following Council Committees:

  • Walcha Council’s Art Advisory Committee
  • Walcha Council’s Audit Risk & Improvement Committee
  • Walcha Council’s General Manager’s Performance Review Committee

 

Clr Hicks is Council’s Delegate on the following organisation:

  • Arts North West

Clr Kevin Ferrier

Ward A

First elected to Council in 1991.

Was elected as Deputy Mayor from 2000 – 2012.

Councillor Ferrier is a Member of the following Walcha Council Committees:

  • Walcha Council Community Care Advisory Committee
  • Walcha Council Motorcycle Rally Advisory Committee

Contact Details

Walcha Council
Phone: 02 6774 2500
Fax: 02 6777 1181
E – council@walcha.nsw.gov.au

Clr Mark Berry

Ward A

First elected to Council on 04 December 2021.

Clr Berry has been elected to the following Council Committees: