Your right to Council information

Open Access Information

Liverpool Plains Shire Council makes information available to the public in line with NSW Government requirements. 

The NSW Government Information (Public Access) Act 2009 (GIPA Act) Section 6 states:

1. An agency must make the government information that is its "open access information" publicly available unless there is an overriding public interest against disclosure of the information.
2. Open access information is to be made publicly available free of charge on a website maintained by the agency (unless to do so would impose unreasonable additional costs on the agency) and can be made publicly available in any other way the agency considers appropriate. 

The types of Council information defined as Open access Information is set out in Section 18 of the GIPA Act and Section 1 of the Government Information (Public Access) Regulation 2009 (GIPA Regulation).

Open Access Information under Section 19 of the GIPA Act includes:

1. Agency Information Guide with information about Council's structure and functions, and listing the type of information that is publicly available.
2. Council's Policy Documents
3. A disclosure log of formal access applications, where in Council's opinion the information released may be of interest to other members of the public. 
4. A register of contracts worth more than $150,000 that council has with private sector bodies.
5. Council's record of open access information not made publicly available on the basis of overriding public interest against disclosure.

Informal requests for information

Access to information which is not available as Mandatory Release or Authorised Proactive Release information may be provided through Informal Release.  In this regard, applications should be made to Council by submitting the appropriate 'Informal Access to Information' application form.  Council will endeavour to release information in response to such a request, subject to any reasonable conditions as Council deems fit to impose.

Any requests for information which are not classified as Open Access information will be determined in accordance with the public interest test on a case by case basis. 

Note:  Copyright laws applies to most plans and reports.  Consistent with section 36 of the Copyright Act 2969, Council cannot reproduce copies of these documents without written permission of the person or company that created them.  If possible, Council will attempt to supply details of copyright owners of plans and reports to assist an applicant to obtain the necessary copyright permission. Council will continue to allow "view only" access for the purpose of the GIPA Act (unless the copyright owner has authorised other uses). 

The Informal Request for Information form can be accessed here(PDF, 74KB) .

Formal access requests

Notwithstanding the lodgement of an information application, Council may require a formal access application to be submitted where the information sought:

• Is of a sensitive nature that requires careful weighing of the considerations in favour of and against disclosure; or 
• Contains personal or confidential information about a third party that requires consultation; or
• Would involve an unreasonable amount of time and resource to produce. 

To make a formal request for information, a 'Formal Access Information' application form should be completed.  In accordance with the GIPA Act, an application fee of $30.00 is payable, and additional processing charges may be applicable.  An acknowledgement of such application will be provided by Council within five working days. 

The Formal Request for Information form can be accessed here(PDF, 66KB) .

Other matters

Any fees for photocopies of documents provided under the GIPA Act are listed in Council's adopted Schedule of Fees and Charges.

Copies of documents provided are given for information purposes only and are provided by Council to meet its requirements under relevant legislation.  Copyright laws still apply to each document. The copyright owner's consent is requires if any part of a copyright document is used for any other purpose.

Where information is released to an applicant under a formal access application and Council considers that it will be of interest to other members of the public, Council will provide details of the information in its disclosure log for inspection by the public.