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Access to Information

GIPA Act

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

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 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.

Open Access Information

Under the Government Information (Public Access) Act 2009 (GIPA Act) and the Government Information (Public Access) Regulation 2018 (GIPA Regulation), all NSW agencies are required to make a range of open access information publicly available, unless there is an overriding public interest against disclosure of

Open access information is to be publicly available free of charge on Council's website (unless to do so would impose an unreasonable additional cost on the Council).

Information About Council

Proactive Release

(1) An agency is authorised to make any government information held by the agency publicly available unless there is an overriding public interest against disclosure of the information.

(2) The information that an agency decides to make publicly available is to be made publicly available in any manner that the agency considers appropriate, either free of charge or at the lowest reasonable cost to the agency.

(3) An agency must, at intervals of not more than 12 months, review its program for the release of government information under this section to identify the kinds of government information held by the agency that should in the public interest be made publicly available and that can be made publicly available without imposing unreasonable additional costs on the agency.

(4) An agency can facilitate public access to government information contained in a record by deleting matter from a copy of the record to be made publicly available if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record.

(5) The functions of an agency under this section may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency.

The information Council has decided to proactively make available is listed within Council's 22-23-Agency-Information-Guide.pdf(PDF, 6MB)

Making an Informal request

(1) An agency is authorised to release government information held by it to a person in response to an informal request by the person (that is, a request that is not an access application) unless there is an overriding public interest against disclosure of the information.

(2) An agency can release government information in response to an informal request subject to any reasonable conditions that the agency thinks fit to impose.

(3) An agency cannot be required to disclose government information pursuant to an informal request and cannot be required to consider an informal request for government information.

(4) An agency can decide by what means information is to be released in response to an informal request.

(5) An agency can facilitate public access to government information contained in a record by deleting matter from a copy of the record to be released in response to an informal request if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record.

(6) The functions of an agency under this section may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency.

To lodge an informal request please complete the Informal Access Request(PDF, 302KB) form and return to Council.

Information can be informally requested from Council by contacting the Right to Information Officer on (02) 6392 3200 or emailing council@cabonne.nsw.gov.au

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 Request

If information can't be accessed through any of the above avenues, a formal access application(PDF, 357KB) 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.

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.

Copying of Documents

Legal copyright provisions apply to the copying of all documents at Cabonne 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.

Processing 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 Cabonne Council's office in Molong.

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:

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 Information and Privacy Commission New South Wales (nsw.gov.au)

Registers

Cabonne Council Register of Government Contracts

Cabonne Council will, when it engages in any contracts to the value of more than $150,000 with private sector bodies, publish these in the following Register of Government Contracts. Contracts will be included in the Register for at least 30 days or until the Contract expires.

Contracts Register 1July 2020 to 30 June 2021.pdf(PDF, 212KB)

Contracts Register 1 July 2021 to 30 June 2022.pdf(PDF, 279KB)

Cabonne Council Policies

Council Policies

Cabonne Council Disclosure Log

Disclosure Log of Formal Access Applications

Under section 25 of the Government Information (Public Access) Act 2009 (GIPA Act) we are required to keep a disclosure log, which documents the information that we release in response to access applications, and that may be of interest to other members of the public.

Determination Date	Description of Information Requested	Information Provided	Publicly Available	How Information can be Accessed
25/01/2012	A copy of any correspondence and documents sent between Cabonne Council and any section of NSW Health regarding water fluoridation from 1st June 2011 to date this application is (was) activated.	Access granted - NSW Health's staff personal contact details redacted.	Yes - available in part to other members of the public	By Request to Right to Information Officer
14/04/2015	Deed of Agreement for right of way dated 19 August 1991 between Council and UPA. A copy of a letter from solicitors dated 11 May 1998 in relation to the right of way.	Access Granted - Partial release - third party personal information redacted	Yes - available in part to other members of the public	By Request to Right to Information Officer
22/02/2016	The audit undertaken for Council of the first 16 properties done (plumbing works) in the Yeoval Sewerage Scheme

Documents About Council That Have Been Tabled in Parliament

The following documents have been tabled in Parliament by or on behalf of Cabonne Council.

Document	Date
Petition of more than 500 signatures - Mr Andrew Gee - from certain citizens opposing the forced amalgamation of Cabonne Council with Orange Council	5/08/2015
Response by The Hon. Paul Toole to petition lodged 5 August 2015 Opposing the forced amalgamation of Cabonne Council with Orange Council (Raised by Mr Andrew Gee)	15/09/2015

Open Access Information not disclosed

Pursuant to Section 6 (5) – Government Information (Public Access) Act 2009

Determination Date	Information not Disclosed
25/01/2012	NSW Health’s staff personal contact details redacted relating to a request for any correspondence and documents sent between Cabonne Council and any section of NSW Health regarding water fluoridation from 1st June 2011 to date this application is (was) activated.
14/04/2015	Third party personal information redacted relating to a request for a Deed of Agreement for right of way dated 19 August 1991, between Council and UPA and a related letter.
22/02/2016	Third party personal information redacted relating to a request for the audit undertaken for Council of the first 16 properties done (plumbing works) in the Yeoval Sewerage Scheme.
14/04/2016	Two entries relating to a third party not being the subject of the review within a copy of Andrew Hopkins, [the General Manager’s], latest [at the time of application] contract performance review were redacted.