Access to Information

Members of the public seeking access to Council information have a number of avenues that they can use. Council has endeavoured to place as much information as possible on our website for ease of access. In the first instance, the public should search Council’s website for information.

Most information can be inspected and obtained from Council’s Administration building between the hours of 8.30am and 5.00pm, Monday to Friday (except public holidays), at 6 Shire Street, West Wyalong, by phoning 02 6972 2266, or in writing. In many instances information may be provided or access given to review documents by simply making a request in person or writing.

If the information being requested is an open access document as classified under the GIPA Act or GIPA Regulation, but is not easily accessible, or if Council cannot obtain the information for you immediately, you will be asked to complete an Application for Access to Information form.(PDF, 306KB)

All open access information is available free of charge in at least one form. If this information is not on our website, Council will make a copy for you. If the information requested requires Council to consult with a third party, where the information will require a significant amount of Council resources to provide the information or if the request is for sensitive information, Council will request you to complete an Application for Access to Information form(PDF, 306KB), fees and charges will apply.

The fees and charges associated can be located in Council’s Revenue Policy. This can be located on Council’s website or for viewing at Council’s Administration Building or Library.

If you experience any difficulty in obtaining information, please contact Council’s Right to Information Officer.

Council is unable to release personal information to a person or other body, unless:

• The disclosure is directly related to the purpose for which the information was collected
• Council had no reason to believe that the person concerned would object to the disclosure
• The person is likely to have been aware, or has been made aware, that information of that kind is usually disclosed to another person or body
• Council believes that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person concerned or another person.

This is legislated under the Government Information (Public Access) Act 2009 (GIPA)and the Privacy and Personal Information Protection Act 1998 (PPIPA). Only the individual for whom the personal information is about is able to obtain or amend personal information held by Council. No personal information will be released without the consent of the individual concerned.

Council does recognise that there may be some instances, where the release of personal information about a person may need to be released to a third party. In such cases, Council has created a Third Party Authority Form(PDF, 130KB). Please note, this form relates to Property Information Requests only.

This form can be submitted in person or via post at Council’s Administration Building located at 6 Shire Street, West Wyalong.

Access to Information Request

There is no application fee for a request for access to information however Council can charge a fee for copying as per Council’s adopted Revenue Policy.

Formal Access Application

An application fee is payable in accordance with Council’s adopted Revenue Policy. This fee is set by the GIPA Act and the GIPA Regulations. The application is invalid until the fee is paid.

Processing Charges

Council can impose a charge for processing an application.

The processing charge is calculated at an hourly rate in accordance with Council’s adopted Revenue Policy. However, the application fee paid with formal applications counts towards these charges.

Under certain circumstances an applicant may be entitled to a 50% reduction in the processing charge (not the application fee).

A 50% reduction in the processing charge imposed will apply if Council is satisfied that the applicant is suffering financial hardship or is satisfied that the information applied for is of special benefit to the public generally.

If an Access Application is made for personal information about the applicant (the applicant being an individual), the fee for the first 20 hours of processing time will be waived.

Information made available on Council’s website is also available for viewing free of charge at Council’s administration office. If hard copies are required, a copying charge will be levied in accordance with Council’s adopted Revenue Policy.

The Government Information (Public Access) Act 2009 requires Council to record and publish certain information about some contracts with private sector bodies. Contracts to be recorded in the register of contracts are contracts between Council and private sector bodies with more than $150,000.00 and involve:

• The contractor undertaking a specific project such as construction, infrastructure or property development
• The contractor agreeing to provide specific goods or services
• The transfer or lease of real property.

Employment contracts are not included in the register.

Different Classes of Contracts

The GIPA Act provides for three different classes of contracts, each with different information requirements. The different classes of contracts are:

Class 1 Contracts

The following information about a Class 1 contract is to be entered in the government contracts register:

1. The name and business address of the contractor
2. Particulars of any related body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) in respect of the contractor, or any other private sector entity in which the contractor has an interest, that will be involved in carrying out any of the contractor’s obligations under the contract or will receive a benefit under the contract
3. The date on which the contract became effective and the duration of the contract
4. Particulars of the project to be undertaken, the goods or services to be provided or the real property to be leased or transferred under the contract
5. The estimated amount payable to the contractor under the contract
6. A description of any provisions under which the amount payable to the contractor may be varied
7. A description of any provisions with respect to the renegotiation of the contract
8. In the case of a contract arising from a tendering process, the method of tendering and a summary of the criteria against which the various tenders were assessed
9. A description of any provisions under which it is agreed that the contractor is to receive payment for providing operational or maintenance services.

Class 2 Contracts

Additional information is required to be entered in the government contracts register for Class 1 Contracts to which any of the following paragraphs apply (class 2 contracts):

1. There has not been a tender process, the proposed contract has not been made publicly available and the terms and conditions of the contract have been negotiated directly with the contractor
2. The proposed contract (whether or not made publicly available) has been the subject of a tendering process and the terms and conditions of the contract have been substantially negotiated with the successful tenderer
3. The obligations of one or more parties under the contract to maintain or operate infrastructure or assets could continue for 10 years or more
4. The contract involves a privately financed project as defined by guidelines published by the treasury (as in force from time to time)
5. The contract involves a transfer of a significant asset of the agency concerned to another party to the contract in exchange for the transfer of an asset to the agency.

The additional information required to be entered in the register for Class 2 Contracts is as follows:

1. Particulars of future transfers of significant assets to the State at zero, or nominal, cost to the State, including the date of their proposed transfer
2. Particulars of future transfers of significant assets to the contractor, including the date of their proposed transfer
3. The results of any cost-benefit analysis of the contract conducted by the agency
4. The components and quantum of the public sector comparator if used
5. If relevant, a summary of information used in the contractor’s full base case financial model (for example, the pricing formula for tolls or usage charges)
6. If relevant, particulars of how risk, during the construction and operational phases of a contract to undertake a specific project (such as construction, infrastructure or property development), is to be apportioned between the parties, quantified (where practicable) in net present-value terms and specifying the major assumptions involved
7. Particulars as to any significant guarantees or undertakings between the parties, including any guarantees or undertakings with respect to loan agreements entered into or proposed to be entered into
8. Particulars of any other key elements of the contract.

Class 3 Contracts

If a Class 2 Contract has (or is likely to have) a value of $5 million or more (a Class 3 Contract), the register must include a copy of the Class 3 Contract.

View Bland Shire Council's Register of Contracts

There are four main ways in which Council will provide access to information:

1. Mandatory Proactive Release – Open Access Information

   Council must make its ‘Open Access Information’ publicly available, free of charge on its website.

2. Proactively Released Information

   Council will make as much other information as possible publicly available, free of charge (or at the lowest reasonable cost). This information will be placed on Council’s website.

3. Informal Release

   If you can’t find the information you’re looking for, you can apply for it by making an informal request. There is no application fee for informal requests. However, it should be noted that such requests may take up time to be processed depending on staff availability. Subject to any reasonable conditions, the information may be released informally. Decisions in relation to informal requests are not reviewable.

   Informal requests can be made by emailing council@blandshire.nsw.gov.au or by letter addressed to:

   General Manager

   Bland Shire Council

   PO Box 21

   West Wyalong NSW 2671

   The completion of an Application for Access to Information(PDF, 306KB) form to accompany your request will assist Council in identifying the appropriate information.

4. Formal Access Application

If you are unable to access the information through the above methods, you will need to complete an Application for Access to Information form(PDF, 306KB) and submit it along with an application fee of $30. Council may also impose a processing charge of $30 per hour for those applications which require a significant period of time. Please refer to the fact sheet - fees and charges under the GIPA Act.

Formal Access Applications may be required where:

• A large amount of information is requested
• There are public interest considerations against releasing the information. For example, if it contains personal information or a third party’s business information.
• Third party consultation is required.

The validity of Formal Access Applications is determined within five (5) working days of receipt and payment of the application fee. Applications must also be decided within 20 working days of receipt. However, the decision period can be extended in certain circumstances; for example, where third party consultation is required.

You will receive a formal notice of decision explaining why the information has or has not been released.

If access is refused, or you are not satisfied with the information received, you can seek a review of the decision through:

• An Internal Review(PDF, 188KB). A fee is payable in accordance with Council’s adopted Revenue Policy.
• An External Review by the NSW Information Commissioner.
• An External Review by the NSW Civil and Administrative Tribunal (NCAT).

For more information about you review rights, please refer to the fact sheet - your review rights under the GIPA Act.

Further Information

If you have any questions about accessing information, please contact council@blandshire.nsw.gov.au or phone 02 6972 2266.

For further information about the GIPA Act, please visit the Information and Privacy Commission's website.

Schedule 1 of the GIPA Act also stipulates that the following additional documents are to be provided as open access information by Council:

1. Information about Council
   • Council’s adopted Code of Conduct(PDF, 355KB)
   • Code of Meeting Practice
   • Annual Reports
   • Annual Financial Report
   • Auditor’s Report
   • Management Plan
   • EEO Management Plan(PDF, 103KB)
   • Community Strategic Plan
   • Delivery Program and Operational Plan
   • Payment of Expenses and the Provision of Facilities to Councillor’s Policy
   • Returns of the interests of Councillors, Designated Persons and Delegates
   • Agendas and Minutes of Council and Committee meetings (except meetings that are closed to the public)
   • Land Register
   • Register of Investments
   • Register of Delegations(PDF, 1MB)
   • Register of Graffiti removal works
   • Register of Voting on Planning Matters
2. Plans and Policies
   • Local policies adopted by Council concerning approvals and orders
   • Plans of Management of Community Land
   • Environmental Planning Instruments, Development Control Plans 
3. Information about Development Applications

   Development applications and any associated documents received in relation to a proposed development (Please note: Council is currently working on the digitisation of its DA documents. As a result, they are available for inspection on request subject to privacy and GIPA principles):

   • Home Warranty Insurance Documents
   • Construction Certificates
   • Occupation Certificates
   • Structural Certification Documents
   • Town Planner Reports
   • Submissions received on Development Applications
   • Heritage Consultant Reports
   • Land Contamination Consultation Reports
   • Tree Inspections Consultant Reports
   • Records of decisions on Development Applications including decisions on appeals
   • Records describing general nature of documents that Council decides to exclude from public view after application of public interest test considerations.
4. Approvals, Orders and Other Documents

• Applications for approvals under Part 1, Chapter 7 of the Local Government Act 1993, (LGA)
• Applications for approvals under any other Act and any associated documents received
• Records of approvals granted or refused, any variation from Council Policies with reasons for the variation, and decisions made on appeals concerning approvals
• Orders given under Part 2, Chapter 7 of the LGA, and any reasons given under section 136 of the LGA
• Orders given under the Authority of any other Act
• Records of Building Certificates under the Environmental Planning and Assessment Act 1979
• Compulsory Acquisition Notices
• Leases and Licenses for use of Public Land classified as Community Land.

Copies of documents provided are given for information purposes only and are provided by Council to meet its requirements under relevant legislation. Copyright laws still apply to each document. The copyright-owner’s consent is required if any part of the document is used for any other purpose.

There are rights to review a decision made by the Public Officer. A full list of reviewable decisions is set out in Section 80 of the GIPA Act.

Internal Review

If an access application has been refused, there is a general right to seek an internal review of the decision. An internal review must be applied for within 20 working days of the original decision and is subject to a fee. Internal review involves a senior person in the agency reviewing the decision to reject the access to information application.

Role of the Information Commissioner

The Information Commissioner can review a decision to refuse access to information if requested by the applicant, notwithstanding any internal review being undertaken. However, for other persons seeking review, an internal review must first be undertaken. The Information Commissioner also deals with complaints under the GIPA Act.

Office of the Information Commissioner

The Office of the Information Commissioner has been established to oversee the GIPA Act and sits within the Information and Privacy Commission for New South Wales.

If you require any other advice or assistance about access to information you may contact the Information Commissioner by:

Telephone: 1800 472 679 (free call) Monday to Friday, 9.00 am to 5.00 pm (excluding public holidays)

Fax: 02 6446 9518

Email: ipcinfo@ipc.nsw.gov.au

Mail: GPO Box 7011, Sydney NSW 2001 or visit in person at Level 15, McKell Building, 2-24 Rawson Place, Haymarket NSW 2000.

External Review (Administrative Decisions Tribunal)

Applicants also have formal avenues via the New South Wales Civil and Administrative Tribunal (NCAT) to review the decision to refuse access. This application must be made within eight weeks of the original decision or four weeks after a review undertaken by the Information Commissioner.

Should you wish to purse this avenue of review, please contact NCAT on 1300 006 228 Monday to Friday, 9.00 am to 4.30 pm (excluding public holidays).

Council may refuse a request for information if there is an overriding public interest against disclosure or if searching for the requested information would require unreasonable and substantial diversion of the Council’s resources.

For more detail on information for which there is a conclusive presumption of overriding public interest against disclosure, please refer to Schedule 1 of the GIPA Act.

Council will always explain to the applicant its reasons for not releasing information. Where documents contain information where there is an overriding public interest against disclosure, any remaining information contained within the requested document will be available under the Act.

Council publishes open access, or mandatory release, information on its website unless there is an overriding public interest against disclosure or do so would impose an unreasonable additional cost on Council. In respect of the latter, Council will make the information freely available in another format such as a hard copy at the Council Administration Office at 6 Shire Street, West Wyalong, NSW 2671.

Open Access information is:

• Council’s policy documents;
• An Information Guide(PDF, 848KB) which provides information about the council’s structure and functions, as well as listing the type of information that is publicly available;
• A disclosure log(PDF, 357KB) of formal access applications where, in council’s opinion, the information released may be of interest to other members of the public;
• A register of contracts worth more than $150,000 that Council has with private sector bodies; and
• A record of open access information that Council does not make publicly available on the basis of an overriding public interest disclosure.

To request access to information, including environment and planning documents, please complete the Application for Access to Information form.(PDF, 306KB)

When would a Formal Access Application be required?

A formal access application will be required when:

• The request means that Council will need to consult with other agencies or third parties before information can be released
• Where the scope of the information required means that it will take significant Council resources to provide the information
• If the request seeks access to sensitive information.

How do I make a formal access application?

To make a formal access application you will need to fill out the Application for Access to Information(PDF, 306KB) form and submit to Council:

Right to Information Officer
Bland Shire Council
PO Box 21
WEST WYALONG NSW 2671

Ensure you have enclosed a $30.00 application fee. Additional processing charges may be applicable. An acknowledgement of the application and, where possible, the requirements of any advance deposit will be provide by Council within five working days.

How do I make an Informal Access Application?

To make an informal access application you will need to complete an Application for Access to Information(PDF, 306KB) form and submit to Council:

Right to Information Officer
Bland Shire Council
PO Box 21
WEST WYALONG NSW 2671