Access to Information FAQs
Access to Information FAQs
1. How do I get access to Council’s information?Council’s website provides comprehensive details of how to access information held by Council.
2. Can I discuss personally my request for access to Council’s information?
Council can assist you regarding accessing Council’s Information
3. How can I access information that is not listed on the Council’s Website or Publication Guide?
Submit to Council an Informal Information Access Request Form which is on Council’s website.
4. How can I see the contents of a file?
Submit to Council an Informal Information Access Request Form which is on Council’s website.
5. How can I access the objections or support letters on a Development Application?
Submit
to Council an Informal Information Access Request Form which is on
Council’s website. In accordance with Government Information (Public
Access) Act, the majority of objections or support letters are publicly
available, except where persons request that their personal particulars
be kept confidential, but the contents of their letter would be
released.
6. How can I access details of owners of properties?
In
accordance with the Government Information (Public Access) Act, details
of owners of properties are not publicly available. 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 an
Informal Information Access Request Form which is on Council’s website.
7. Where do I send the informal Information Access Request form?
Email the form to council@lachlan.nsw.gov.au
Fax the form to (02) 6895 1900
Post to PO Box 216, Condobolin NSW 2877
Deliver personally to Council’s Condobolin Office.
8. How long will it take to obtain information or access files?
Some
information will be available in a week however it may take up to two
weeks to obtain old files. A Right to Information Officer will discuss
with you the anticipated time.
9. What fees will I have to pay with my Document Access Request?
In
accordance with the provisions of Section 18 of the Government
Information Public Access Act 2009, there are no fees for accessing
Council files and information. 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.
10. How do I view or obtain a copy of a development application?
a. Lodge an Informal Information Access Request Form which is on the website with Council;
b. A
Right to Information Officer will discuss with you the processes of
reviewing the development application file and the likely timeframe;
and
c. Information that may be available subject to copyright legislation for viewing and/or copying includes:
- Home owner warranty insurance documents;
- Building essential certification documents;
- Construction certificates;
- Occupation certificates,
- Town Planners (DA) reports;
- DA
submission letters (with limitations on personal information where
submitter requests confidentiality on the basis of personal safety),
- Complaints, with the personal details of the complainant masked;
- Structural certification documents;
- Heritage Consultants’ Reports;
- Tree Inspection Consultants’ Reports;
- Acoustics Consultants’ Reports;
- Land Contamination Consultants’ Reports.
11. How do I view or obtain a copy of building plans?
a. Lodge an Informal Information Access Request Form which is on the website with Council;
b. If
you are not the owner of the property, you will need owners consent to
view internal floor plans and/or obtain a full copy of the building
plans. Refer to Schedule 1 Part 2 Section 3 (2) Government Information
Public Access Regulation 2009 .
12. 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 ); and
- 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).
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.
13. 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 ; and
- 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.
14. How can I apply to see the documents listed in Q13?
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.
15. How do I obtain a Formal Information Access application form?
You
may obtain a form by searching Council’s website – Access to
Information or by contacting Council’s Right to Information Officer on
(02) 6895 1900.
16. How long will my Formal Information Access application take to process?
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.
17. 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 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.
18. 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).
