How long will it take to obtain information or access files?
Some information will be available in a week, however it may take much longer. A Right to Information Officer can discuss with you the anticipated time.
Formal Information Access applications are required by law to be completed in 20 working days. If consultation with a third party is required, a further 10 to 15 working days extension is allowed. You will receive a formal determination letter with your requested documents or reasons why a document has been withheld.
What fees will I have to pay with my Document Access Request?
Open Access information is provided free of charge.
Authorised proactive release of information is provided free of charge or at the lowest reasonable cost.
Informal Access requests are free, however depending on the work involved fees may be charged.
Formal Access requests require a $30 fee to be paid and, again depending on the work involved, additional fees may be charged.
Photocopying fees may apply. There are charges for copies of plans with varying costs, according to size. Fees will be charged on completion of the application.
Fees will also be applied per Council's Fees & Charges
and per Legislative guidelines IPC Fact Sheet GIPA Act Fees and Charges(PDF, 203KB)
How do I view or obtain a copy of building plans?
- Lodge an Informal Information Access request form
- If you are not the owner of the property, you will need owners consent
- If you are buying or selling a property there are a number of information requests and property certificates you may require.
How can I access the details of owners of properties?
In accordance with the GIPA Act, details of owners of properties are not publicly available. We only release property owner details if the property owner is a business or corporation. In compliance with privacy laws, we do not release individual ownership details. You can apply for individual property ownership information at NSW Land Registry Services.
Council will apply the public interest test in releasing details of property owners only to adjacent owners for fencing or maintenance of property purposes. Property owners seeking this information are required to lodge a Formal Information Access request form.
What documents will be withheld?
Under relevant legislation, access to some documents and information held by Council may be restricted if the document or part thereof, contains the following types of information,
- Information which is commercially confidential
- A matter the disclosure of which may illegal or give rise to action for breach of confidence
- That particular part of a draft or adopted plan of management that is the subject of a resolution of confidentiality under section 36DA of the Local Government Act 1993 (NSW)
- Documents which were submitted to, or are to be submitted to a 'Closed Session' of a Council or Advisory Committee Meeting (If some time has passed since it was considered in Confidential Session or the reason for confidentiality no longer exists then the document/s may be released)
- Information determined by the public interest test under the GIPA Act not to be released.
A standard clause has been included on all development application forms whereby some applicants have given permission for Council to allow full public access to copies of plans.
What documents will require lodgement of a Formal Information Access Application?
Public access to the following documents may be available after lodgement of a Formal Information Access application (and may require third party consultation),
- Legal advice
- Personnel (individual staff) matters
- Complainants details
- Individuals details on DA submissions where they claim personal safety issues
- Council lease documents
- Successful Council contracts
- Successful Council tenders
- Insurance claims.
Note that legal advice may be subject to legal professional privilege, that is, if it is advice from Council’s legal advisers relating to pending or threatened legal action by or against Council. If so, it is not normally available to be either inspected or copied.
You will need to complete a Formal Information Access application form and pay the $30.00 application fee. In some cases an advance deposit may be requested, where the work required to produce the documents will take many hours.
If I am not satisfied with the documents I have been given or with the fees I have been charged, can I appeal against the Right to Information Officer’s determination?
Yes, you can appeal against the determination of a formal application by completing a Request for Review Application and paying a $40.00 review fee. This form together with any supporting documentation shall be forwarded to Council’s General Manager to review the Right to Information Officer’s determination. Within 15 working days, you will receive a formal response letter with your requested documents or further explanation why the documents have been withheld.
What can I do if I am not satisfied with the determination of the General Manager?
You may appeal to either the NSW Information Commissioner or the Administrative Decisions Tribunal. (Right to Information legislation only allows appeal to these bodies if you have made an initial Formal Information Access application and sought a request for review of determination).
How do I submit an Informal or Formal Information Access request form?
Fax: 02 6895 3478
Post: PO Box 216, CONDOBOLIN NSW 2877
Deliver: your request personally to Council's administration offices.