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).

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: 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 you can get Council information:  Open Access Information

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

• Agency Information Guide (PDF - 3mb)  
• Policy Documents
  
• Disclosure Log of Access Applications
• Register of Government Contracts
• Record of Open Access Information not Publicly Available

• Government Information (Public Access) Act 2009 - Informal Access Application Form

• Government Information (Public Access) Act 2009 - Development Application Retrieval Form

• DA Supply & Search Fee Fact Sheet 

• Government Information (Public Access) Act 2009 - Formal Access Application Form
• Statutory Declaration Oaths Act 1900 NSW Ninth Schedule Request for personal Information - Other Purposes

• Privacy and Personal Information Protection Act 1998 - Application Form
  

• Personal Information Retained (Section 13)
  Access to Personal Information (Section 14)
  Alteration of Personal Information (Section 15)

• Dividing Fences Act 1991 - Adjoining Property Owners Details Application Form
• Other information as prescribed by the Regulations as open access (see below)

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

How you can get Council information:  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. Access the information Council has made proactively available.

The provisions under section 8 of the GIPA Act provides Council with the authority to release information without the need for a formal access application.

How you can get Council information:  Informal Access Application

Information can be informally requested from Council by completing the Informal Access Application form or by contacting the Right to Information Officer, phone 6540 1122. Search fees will apply for information that is not open access which are outlined in Council’s Agency Information Guide.

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)).

Download:  Informal Access Application (PDF - 95.42KB)

How you can get Council information – BA/DA Search & Supply

Upper Hunter Shire Council has custody of building and development files (BA and DA files) dating back to the 1930's.

When an application for historical information is received, the Records Team will source the BA & DA information from Council's archives, scan the files and upload them into an online portal. From the 9 December 2021 requests for historical BA and DA files that pre-date 1 July 2010 will incur a $120 search and supply fee.

All development application lodged after 1 July 2010 are provided as Open access under the GIPA Act and are therefore provided free of charge. 

Our online DA Tracker can be used to find the date a Development Application was lodged.  The DA Tracker will display information back to 1998.

Due to the volume of requests for historical BA & DA information there are often delays in delivering this information.  

How you can get Council information:  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.  50% reduction in processing charge may be granted to applicants in cases of financial hardship and where information applied for is of special benefit to the public generally.

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.

Download Formal Access Application

Where to get more information about your right to information

Access to Information Forms

• Building/Development Applications - Search & Supply Application
• Dividing Fences - Adjoining Property Owners Details Application
  
• PPIPA - Privacy & Personal Information Protection Act 1998 - Access Application - Section 13 14 & 15
• GIPA - Government Information (Public Access) Act 2009 - Informal Release Application
• GIPA - Government Information (Public Access) Act 2009 - Formal Access Application