Mandatory Release of Open Access Information
Most Open Access information is available on our website.
We recognise that not all Open Access information is available on our website at this point in time. If the Open Access information you are seeking is not available on our web site, you can request it via email.
Open Access information is also available for viewing at our Customer Service Centres in Grafton and Maclean.
Access to Open Access information is free of charge.
Proactive Release of Open Access information
In addition to open access information, Council will make as much other information as possible publicly available, unless there is an overriding public interest against disclosure.
Such information may include information frequently requested or information of public interest that has been released as a result of other requests.
Informal Release of information
Access to information which is not available as Mandatory Public Release (open access) or Proactive Release may be provided through Informal Release. Council generally releases other information in response to an informal request subject to any reasonable conditions as Council thinks fit to impose.
As per proactive release methods, Council is authorised to release information unless there is a public interest against disclosure. To enable the release of as much information as possible, Council is also authorised to redact content from a copy of information to be released, if the inclusion of the redacted information would otherwise result in an overriding public interest against disclosure.
If you require access to information that is not Open Access information, you should complete the form available online - click here - and lodge it with Council.
When making a Request for Information application, you should be aware that:
- An agency is authorised to release government information held by it to a person in response to an informal request by the person (that is, a request that is not an access application) unless there is an overriding public interest against disclosure of the information.
- An agency can release government information in response to an informal request subject to any reasonable conditions that the agency thinks fit to impose.
- An agency cannot be required to disclose government information pursuant to an informal request and cannot be required to consider an informal request for government information.
- An agency can decide by what means information is to be released in response to an informal request.
- An agency can facilitate public access to government information contained in a record by deleting matter from a copy of the record to be released in response to an informal request if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record.
- The functions of an agency under this section may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency.
- We may refuse to make this information available to you, if there is an overriding public interest against disclosure.
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)).
Formal Application
Prior to lodging a formal access application, a person seeking information from Council should check if the information being sought is already available on Council’s website or could easily be made available through an informal request application.
If information:
- Is not available via Proactive or Informal Release; or
- Involves a large volume of information, requires extensive research and accordingly will involve an unreasonable amount of time and resources to produce; or
- Contains personal or confidential information about a third party which may require consultation; or
- Is of a sensitive nature that requires careful weighing of the consideration in favour of and against disclosure; then
Council requires a Formal Access to Information Application to be submitted.
Application for Formal Access are to be made by completing the Formal Access application form available online click here. Completed forms should be submitted to Council accompanied by the GIPA prescribed application fee of $30.00.
Additional $30.00 hourly processing charges may be applicable.
Please note, an application will be invalid if it seeks access to excluded information of Council or does not meet the requirements for a Formal Access application.
An application must:
- Be in writing
- Specify it is made under the GIPA Act
- State an Australian Postal address;
- Be accompanied by the $30.00 fee;
Provide sufficient detail to enable Council to identify the information requested.
Council has 20 working days (30 if consultation is required with third parties) in which to make a decision about your application.
A formal application gives you rights of appeal to both the NSW Information & Privacy Commission and the NSW Civil and Administrative Tribunal.