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The Government Information (Public Access) Act 2009 (GIPA Act) contains the relevant provisions which entitle members of the public to have access to documents which are not protected by legal privilege or other privacy-related exclusions.
Most councils will have a form on their website which allows you to make an ‘informal’ application for information and submitting it to the relevant council information officer, who deals with these types of applications. Alternatively, you can make a formal application pursuant to the GIPA Act.
Through your application, you can get access to just about any document within the possession of the council, including documents relating to development applications, minutes of council meetings as well as correspondence sent to and from the council, usually to the exclusion of privileged and commercial-in-confidence documents.
However, the determination to disclose or not disclose is dictated by the provisions of the GIPA Act, which provides that there is a ‘general presumption in favour of disclosure, unless there is an overriding public interest against disclosure’. The test isn’t a perfect science and involves some discretion.
Where documents are requested of a council and the council declines to release the information, they must provide the reason(s) they have come to that decision. However, if the application isn’t determined within a specific time, the application will be deemed as having been refused.
If you do not agree with the decision, you can ask to have the decision reviewed by the Information and Privacy Commission of NSW.
The operation of the GIPA Act is not limited to local councils and applies to just about any NSW government agency or authority.
If you need more information or help please contact us.
Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.
