Open Information
Open access information must be publicly available for inspection, free of charge by any person at the office of the Local Authority during ordinary office hours. A copy of the record may be provided to any person for a charge equivalent to the reasonable cost of photocopying.
Parkes Shire Council will endeavour to retrieve archived records and make the information available as soon as practicable after the request is made.
A person does not have the right to inspect documents dealing with:
- Personnel matters which reveal an individual's personal information
- Information which may expose a person to a risk of harm, harassment or intimidation
- Trade secrets / commercial information/residential floor plans
- Other matters where there is an overriding public interest against disclosure of the information, as described under the above Act
Council reserves the right to delete matter from a copy of a record if inclusion would result in there being an overriding public interest against disclosure of the record. The Application for Open Access Information can be obtained here or by contacting the Planning & Environment Department on 02 6861 2373.
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 completing the Informal Request Form and contacting the Right to Information Officer.
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)).
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:
- Must be in writing sent to or lodged at Council
- Must clearly indicate that it is an access application made under the GIPA Act
- Must be accompanied by a $30 application fee
- Must state a postal address in Australia as the address for correspondence in connection with the application
- 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.
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?
Information and Privacy Commission
- Email: ipcinfo@ipc.nsw.gov.au
- Mail: GPO Box 7011, Sydney NSW 2001
- Visit Level 11, 1 Castlereagh Street, Sydney NSW 2000
- Call: 1800 472 679 between 9am to 5pm, Monday to Friday (excluding public holidays)