GIPA Act Publication Guide Draft Policy July 2015 GIPA ACT PUBLICATION GUIDE Applies to: GIPA Officers Officer Responsible: Public Officer Associated Documents: Access to Information Guidelines Access to Information under GIPAA Legislation: Prepared in accordance with the provisions of Section 20 of the Government Information (Public Access) Act 2009 (GIPAA) History: New Policy G&R Meeting Date: Council Meeting: Council Minute Number: TRIM File Number: Review Date: July 2016 – Needs to be reviewed Annually Reasons for Change: New Policy Page | 2 GIPA ACT PUBLICATION GUIDE CONTENTS FUNCTIONS OF COUNCIL ........................................................................................................................................ 4 Introduction ........................................................................................................................................................ 4 About Council ..................................................................................................................................................... 4 Our Functions ..................................................................................................................................................... 4 PUBLIC PARTICIPATION IN COUNCIL’S POLICY DEVELOPMENT ............................................................................... 5 Representation ................................................................................................................................................... 5 Personal Participation ......................................................................................................................................... 6 Council Committees ............................................................................................................................................ 6 Council Meetings ................................................................................................................................................ 7 Community Consultation .................................................................................................................................... 7 Councillors .......................................................................................................................................................... 8 ACCESS TO INFORMATION ...................................................................................................................................... 8 Accessing Information ........................................................................................................................................ 8 Information Available ......................................................................................................................................... 9 Other Information Held by Council................................................................................................................... 11 Important Matters Relating to Release of Information .................................................................................... 13 Accessing Information and Making an Application .......................................................................................... 13 INFORMATION NOT SUBJECT TO ACCESS OR OVERRIDING PUBLIC INTEREST AGAINST DISCLOSURE .................. 14 TIME LIMITS .......................................................................................................................................................... 15 RIGHTS OF REVIEW AND APPEAL .......................................................................................................................... 16 COSTS OF MAKING A FORMAL ACCESS APPLICATION ........................................................................................... 16 CONTACT DETAILS................................................................................................................................................. 17 3 GIPA ACT PUBLICATION GUIDE FUNCTIONS OF COUNCIL INTRODUCTION The Publication Guide is a mandatory document prescribed in the Government Information (Public Access) Act 2009 (GIPA Act). This publication guide describes the structure and functions of Council, the various kinds of information Council holds and how the public can access the information. ABOUT COUNCIL Guyra Shire Council is an undivided area with 6 Councillors. The Mayor is elected each year by the Councillors from among their numbers. The roles of Councillors are: To direct and control the affairs of the Council in accordance with the Local Government Act 1993 and other applicable legislation. To participate in the optimum allocation of Council’s resources for the benefit of the area. To play a key role in the creation and review of Council’s policies, objectives and criteria relating to the exercise of the Council’s regulatory function. To review the performance of the Council and its delivery of services, management plans and revenue policies of the Council. The role of the Councillor is, as an elected person: To represent the interests of the residents and ratepayers. To provide leadership and guidance to the community. To facilitate communication between the community and the Council. The Mayor presides at meetings of the Council, carries out the civic and ceremonial functions of the office, exercises in cases of necessity, the decision making functions of the body between its meetings, and performs any other functions that the Council determines. The Principal Officer of the Council is the General Manager. The General Manager is responsible for the efficient operation of the Council’s organisation, and for ensuring the implementation of Council decisions. The General Manager is also responsible for the day to day management of the Council, the exercise of any functions delegated by the Council, the appointment, direction and where necessary, the dismissal of staff, as well as the implementation of Council’s Equal Employment Opportunity Management Plan. OUR FUNCTIONS As well as the Local Government Act 1993, Council has powers under a number of other acts in accordance with appropriate delegated authority, for example: Environmental Planning and Assessment Act 1979 Protection of the Environment Operations Act 1997 4 GIPA ACT PUBLICATION GUIDE Roads Act 1993 Companion Animals Act 1993 Nearly all of the functions of Guyra Shire Council have an effect on the members of the public. The following is an outline of how broad functions of Council affect the public: Service Functions – Services and facilities provided by Council for use by the public, such as halls and centres, recreations facilities, water supply, sewerage services and solid waste management. Regulatory Functions – Place restrictions on development and buildings that are erected to ensure they meet certain requirements that will not endanger the lives and safety of any person. Ancillary Functions – These affect only some members of the public if, for example, the resumption of land is necessary, or if Council officers need to enter onto any private land. Revenue Functions - Generation of rates and other charges which are levied and paid by the public in return for services and facilities that are provided to the community. Administrative Functions – May not necessarily affect the public, but have an impact on the administration of the community. For example, the development of a Community Strategic Plan which outlines the strategies of the council over both the short term and long term. Enforcement Functions – Affects those members of the public that are in breach of certain legislation, such as the non payment of rates and charges, unregistered dogs and parking fines. PUBLIC PARTICIPATION IN COUNCIL’S POLICY DEVELOPMENT There are various ways in which the public may participate in the policy development and the general activities of Council. These are: Through representation, personal participation and membership of Council Committees. Attendance at the monthly Ordinary Meetings of Council. Attendance at Community Consultations which are designed to allow the community to have their say on issues of significance, where options, discussions, suggestions and alternative options are welcomed and taken into consideration in Council’s decision making. Lodging unsolicited written submissions, writing letters, raising issues over the phone or in person, or by responding to surveys or questionnaires. REPRESENTATION The Councillors, who are elected by the community, are considered representatives of the community. Local Government elections are normally held every four years on the second Saturday in September. All residents of Guyra Shire Council are eligible to vote in the Local Government elections, as well as owners of property within the Council area who live outside the area and have registered their 5 GIPA ACT PUBLICATION GUIDE intention to vote on the Non-Residential Roll. Voting by residents is compulsory in Council Elections and By-Elections. Residents and ratepayers are able to raise issues with, and make representations to, the elected Councillors. The Councillors may then pursue the matter on the residents behalf, thus allowing members of the public to influence the development of policy. The Management Plan, Council Policies and significant issues are publicly exhibited according to Local Government and related legislation and the exhibitions are advertised in the local print and on Council’s website. PERSONAL PARTICIPATION Before adoption by Council, Policies affecting the public are advertised and exhibited for a period required by relevant legislation, during which time submissions from the public are sought. All Council Policies are discussed at Council Meetings and if members of the public wish to make a submission on a Policy, they can request permission from the General Manager to address Council on any issue. As well as policies, Council also puts the following documents on public exhibition: Community Strategic Plan and associated documents Annual Financial Statements State of the Environment Report Local Environment Plan Development Control Plan Plan for the Management of Open Spaces Annual Budget COUNCIL COMMITTEES Council has established a number of Council Committees. Members of the community can have direct influence on the direction of Council Policy by participating in these committees. Council Committees are renewed each term of Council and nominations for membership are called from interested members of the public. The Committees operating during 2014/15 are listed below with their objectives. COMMITTEE Australia Day Committee OBJECTIVE To promote effective communication between Council and the community, particularly in relation to the celebration of Australia Day in the Guyra Shire area. To advise the Council on matters referred to it by Council. These matters must be related to prescribed traffic control devices and traffic control facilities for which Council has delegated authority. Local Traffic Committee 6 GIPA ACT PUBLICATION GUIDE Guyra Shire Home Support Services Advisory Committee To provide to eligible clients he following services: Centre Based Day Care delivered at Nicholii House in Bradley Street; Delivered meals; Assistance with transport; Social support. As representatives of sporting clubs within the Guyra Shire, to oversee the management and strategic direction of sport and recreation and make recommendations to Guyra Shire Council. To consider the long term management and strategic issues relevant to the operation of the Guyra Aged Care Facility and associated residential accommodation to ensure efficient use of financial and non financial resources including the continual improvement in management, planning and reporting systems. Sports Council Aged Care Advisory Committee COUNCIL MEETINGS Council’s Ordinary Meetings are held in the Council Chambers at the Administration Building, usually on the fourth Monday of each month commencing at 8.30am, and are open to the public. All dates and times for the upcoming year are published on Council’s website for the information of the public. Council holds a “Have Your Say” session at each of these meetings. This is where members of the public are able to voice their concerns or suggestions directly to Council on issues presented in the Agenda, or on any other issue. Members of the public who wish to make a presentation to Council need to make a request in writing to the General Manager two weeks prior to the meeting to ensure that it is included in the Agenda. Further information on Council Meetings can be obtained by contacting Council’s Public Officer on 02 6770 7100. COMMUNITY CONSULTATION Council currently hosts a number of community consultations throughout the year at varying locations throughout the Shire, including Tingha, Ben Lomond, Black Mountain and Wards Mistake. These are advertised on Council’s website as well as in the local paper and all community members are encouraged to attend and voice any issues they may have. Some issues which come before Council may require a more involved process of community consultation. In these cases, working parties or other forums are scheduled during the planning or consultation phase. Depending on the issue being discussed, these may be open to the general public or by invitation only. If you are interested in becoming involved in Council’s consultation process please contact Council’s Public Officer on 02 6770 7100 to have your details added to Council’s database. 7 GIPA ACT PUBLICATION GUIDE COUNCILLORS Left to Right – Cr Dorothy (Dot) Vickery, Cr Dean Heagney, Mayor Hans Hietbrink (sitting), Cr Simon Murray, Cr Lee Martin, Cr Audrey McArdle. ACCESS TO INFORMATION ACCESSING INFORMATION Guyra Shire Council is subject to NSW legislation that requires it to be open and accountable in the exercise of its functions, and to handle personal and health information in a fair and reasonable manner. Council will seek to ensure that legitimate requests for access to information are handled promptly and that members of the public are able to access information, subject to the public interest. In doing so however, Council recognises that it must take into account the privacy of others, as well as legal and commercially sensitive information. These guidelines set out the documents and types of information that are available to members of the public as a matter of routine, and those that will not generally be available for inspection and copying. Where practicable, Council will deal with requests to inspect documents in accordance with the GIPA Act free of charge. However a reasonable photocopying fee may be payable under the Act, or other fees may be applicable for access to versions of documents that are neither current, nor immediately preceding versions of the document, and are not reasonably accessible. All charges are detailed in Council’s Schedule of Fees and Charges, which is available online or at Council’s Administration Building. 8 GIPA ACT PUBLICATION GUIDE There is a right of access under the GIPA Act to certain documents held by Council, unless there is an overriding public interest not to do so. Any applications under the GIPA Act will be processed in accordance with the Act’s requirements and a determination made to release the documents or refuse access on the basis of the relevant considerations of the Act. Charges for formal applications are in accordance with the GIPA Act Fees and Charges and include a $30 application fee. In some circumstances processing charges may also be applied. Council may also provide access to information under other legislation. Under the NSW Privacy and Personal Information Protection Act (PPIPA) 1998 and the NSW Health Records and Information Privacy Act (HRIPA) 2002, an individual has the right to access and amend records held by Council which contain their personal details, matters related to their business affairs, and any records containing information about their health. Where information about an individual is held in documents, files or systems that include information about other persons, any request should be made under the GIPA Act. The Act provides for consultation with other affected parties prior to disclosure of information concerning their personal or business affairs. Under the State Records Act 1998 Council is required to give an access direction (whether the records are open or closed) for all their records that are at least thirty (30) years old in what is described as the “open access period”. Under NSW Environmental Planning and Assessment (EPA) Act 1979 and Regulation 2000 there is a right to access Development Application registers and documents held by Council subject to restrictions set out in Cl 268(3) of the Regulation. INFORMATION AVAILABLE Council publishes open access, or mandatory release information on its website unless there is an overriding public interest against disclosure, or to do so would impose unreasonable cost on Council. In respect of the latter the Council will make the information freely available in another format, e.g. hard copy at the Council Administration Office. The open access information is: Council’s policy documents, A publication guide with information about Council’s structure and functions, and listing the type of information that is publicly available, 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, A register of contracts worth more than $50,000 that Council has with private sector bodies. Note: Council has made a decision to include all contracts over $50,000 even though the GIPA requirement is for Contracts over $150,000 (GIPAA S.27), A record of open access information that Council does not make publicly available on the basis of an overriding public interest against disclosure. In addition, Schedule 1 of the GIPA Act requires that certain documents held by Council are to be made publicly available for inspection free of charge. The public is entitled to inspect these documents either on Council’s website (unless there is an unreasonable additional cost to Council to publish these documents on the website) or at the offices of the Council during ordinary office hours or at any other place as determined by the Council. Copies can be supplied for reasonable copying charges. The documents available for inspection free of charge include the following: 9 GIPA ACT PUBLICATION GUIDE INFORMATION RELATING TO COUNCIL The Code of Conduct prescribed under Section 440 (1) of the Local Government Act Code of Meeting Practice Annual Report Annual Financial Reports Auditor’s Report Delivery Program Operational Plan Equal Employment Opportunity Management Plan Councillor Expenses & Facilities Policy Annual Reports of Committees delegated by Council (355 Committees) Returns of Interests for Councillors, Designated Persons and Delegates Business Papers – Agendas and Minutes of Council (excluding Confidential reports) Division of Local Government, NSW Department of Premier and Cabinet Representative Reports presented at a meeting of Council Public Land Register Register of Investments Register of Delegations Register of Graffiti removal works Register of current Declarations of Disclosure of Potential donations Register of Voting on Planning Matters (classified as ‘Divisions’ in Council’s Minutes of Meetings) PLANS & POLICIES Local Policies adopted by Council concerning approvals and orders Plans of Management for Community Land Environmental Planning Instruments, Development Control Plans and Contribution Plans DEVELOPMENT APPLICATIONS AND ASSOCIATED DOCUMENTS IN RELATION TO A PROPOSED DEVELOPMENT Home Warranty Insurance documents Construction Certificates Occupation Certificates Structural Certification documents Town Planner Reports Submissions received on Development Applications Heritage Consultant Reports Tree Inspection Consultant Reports Acoustic Consultant Reports Land Contamination Consultant Reports Records of decisions on Development Applications, including decisions on appeals Records describing the general nature of documents that Council decides to exclude from public view after application of public interest test considerations APPROVALS, ORDERS AND OTHER DOCUMENTS Applications approvals under Chapter 7 of the LGA 10 GIPA ACT PUBLICATION GUIDE Applications for approvals under any other Act and associated documents received Records of approvals granted or refused, any variation from Council’s policies with reasons for the variation, and decisions made on appeals concerning approvals Orders given under Part 2 of Chapter 7 of the LGA, and any reasons given under Section 136 of the LGA Orders given under the authority of any other Act Records of Building Certificates under the Environmental Planning and Assessment Act 1979 Plans of land proposed to be compulsorily acquired by Council Compulsory acquisition notices Leases and Licences for the use of Public Land classified as Community Land OTHER INFORMATION HELD BY COUNCIL Guyra Shire Council holds documents which relate to a number of different issues concerning the Council area. These documents are grouped into separate categories: Electronic Files, Active Files, Inactive Files, Policy Documents and General Documents. Many of these documents are available to the public either by phone request, in person, or in writing. Documents which are not normally available to the public may require a Formal Access Application to be completed before the release of such documents. The Public Officer (02 6770 7100) should be contacted to clarify whether a Formal Access Application is required. Some documents are available for inspection as a requirement of certain legislation; other documents are available for purchase, whilst others are available free of charge. ELECTRONIC FILES Guyra Shire Council operates with the ‘TRIM’ Electronic Document and Records Management System. This system has meant that more information is kept electronically, making information more readily available to Council officers. Members of the public are able to access information by requesting the information required in person or in writing, or by email to council@guyra.nsw.gov.au . ACTIVE FILES The main types of files that are held by Council include Corporate Files relating to specific subjects, Property Files, Engineering Files and Planning Development Files. These files are not generally available to the public, although a photocopy of some documents contained on a file may be made available on request using the Informal Access Application Form. Members of the public who wish to peruse files and/or obtain a copy of documents contained on files should initially contact the Customer Service staff, and if an issue of access arises, the Customer Service staff will contact the Public Officer for clarification. If you have an enquiry regarding access to a Council file, you can contact the Officer from Council with whom you are dealing, the Customer Service staff, or the Public Officer (02 6770 7100 or council@gurya.nsw.gov.au ). 11 GIPA ACT PUBLICATION GUIDE INACTIVE FILES Inactive files are those files which are no longer current, but are retained to provide a documented history of Council business. Some inactive files are subject to an annual audit, according to the General Disposal Authority for Local Government in NSW. Council’s records also come under the State Records Act 1998. All inactive files are stored in either the Regional Repository of State Records in Orange, or Council’s archive rooms. Requests for access to inactive files will take longer to process that for active files. If you have an enquiry regarding access to a Council file, you can contact the Public Officer of Council, the Officer with whom you are dealing, or Customer Service on 02 6770 7100 or council@guyra.nsw.gov.au. POLICY DOCUMENTS Council has a set of Policies which are adopted at a Council Meeting, following public exhibition and in some cases, after community consultation. The Policies are updated and amended regularly, with the new Policies adopted as necessary. Members of the public can get access to a list of Policies on Council’s website, and photocopies of the documents can be requested by contacting the Public Officer on 6770 7100 or council@guyra.nsw.gov.au . Depending on the size of the document, there may be a reasonable photocopying fee charged. OTHER DOCUMENTS General documents which are available for inspection or purchase are listed below. There may be other documents not yet listed below, which if held by Council, may also be available upon request. Guyra Shire Council Local Environmental Plan 2012 Guyra Shire Council Development Control Plan 2015 Developer Contributions Plan Annual Budget Annual Report Australian Drinking Water Guidelines (NHMRC) Development Application /Construction Certificate/Subdivision Certificate and Complying Development Register Census Data Certificates of Title for public land 12 GIPA ACT PUBLICATION GUIDE Code of Accounting Practice and Financial Reporting Community Directory Companion Animals Management Policy Development Consents Development exhibition Historical Photographs and Local History Interim Bicycle Plan Policy Documents State of the Environment Reports Tender Register Applications on public IMPORTANT MATTERS RELATING TO RELEASE OF INFORMATION 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 required if any part of the document is used for any other purpose. In addition, from time to time Council will make as much additional information as possible publicly available in the most appropriate manner, including on their website. The information will be available free of charge or at the lowest reasonable cost. Such other information includes frequently requested information, or information of public interest that has been released as a result of other requests. Council will endeavour to release other information in response to an Informal Access request, subject to any reasonable conditions Council may need to impose. However, notwithstanding the lodgement of an Informal Access 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 and against disclosure, or It contains personal information about a third party that requires consultation, or It would involve an unreasonable amount of time and resources to produce. ACCESSING INFORMATION AND MAKING AN APPLICATION The public may obtain access to information as follows: By searching Council’s website to see if it is already available. 13 GIPA ACT PUBLICATION GUIDE By contacting Council and requesting the information. Council will advise whether the information requested: o Is open access, or mandatory release information that is readily available, and where and how to get the information. o Should be made available as part of a proactive release of information. o Can be disclosed through an informal release, for example, where no third party personal information is involved. o Requires a formal access application, for example, because consultation with a third party is required. To make an informal request for access to information under GIPA Act, Council may require the completion of an Informal Access to Information Request form. No fee is required upon application. To make a formal request for access to information under GIPA Act, the Formal Access to Information form should be completed. The formal application fee is $30 and processing charges may be applicable (there is no GST in relation to these charges). An acknowledgement of such an application will be provided by Council within five working days. If a fee for photocopies of documents provided under GIPA Act is payable, it will be listed on Council’s adopted Fee’s and Charges (inclusive of GST). Council’s Fees & Charges can be accessed on Councils website or through Customer Service. INFORMATION NOT SUBJECT TO ACCESS OR OVERRIDING PUBLIC INTEREST AGAINST DISCLOSURE Council may refuse a request for information if there is an overriding public interest against disclosure or if searching for the requested information would require unreasonable and substantial diversion of Council’s resources. Council will always explain to the applicant its reasons for approving a request for information. Council will not classify information as not available for release unless there are clear reasons for doing so. Where documents contain restricted information, any remaining information contained within the requested document will be available under the Act. In determining whether there is an overriding public interest against the disclosure of the information, Council will fully consider the Public Interest Test. The GIPA Act provides an exhaustive list of public interest considerations against disclosure. These are the only considerations against disclosure that Council will consider in applying the public interest test. Considerations are grouped under the following headings: Responsible and effective government, Law enforcement and security, Individual rights, judicial processes and natural justice, Business interests of agencies and other persons, Environment, culture, economy and general matters, Secrecy provisions (in legislation other than those listed in schedule 1), Exempt documents under interstate Freedom of Information legislation. 14 GIPA ACT PUBLICATION GUIDE In applying the public interest test, Council will not take into account: That disclosure might cause embarrassment to, or loss of confidence in, the Council, That any information disclosed might be misinterpreted or misunderstood by any person. Council will consider any submissions made by an applicant in relation to public interest considerations, as well as any factors personal to the applicant. Under the GIPA Act there are 12 categories of information, eight of which appear to affect local government) for which there is a conclusive presumption of an overriding public interest against disclosure. These eight are: (i) Information subject to an overriding secrecy law (26 specifically named Acts); (ii) Information subject to direction or order of a court or other body with the power to receive evidence in oath; (iii) Information subject to legal professional privilege; (iv) ‘Excluded Information’ (judicial and prosecutorial information, information about complaints handling and investigative functions, competitive and market sensitive information in relation to specific functions of the Public Trustee; (v) Documents affecting law enforcement and public safety; (vi) Specific information relating to transport safety; (vii) Specific reports concerning the care and protection of children; (viii) Specific information relating to Aboriginal and environmental heritage. Generally under the GIPA Act, Council must not publish, and must refuse, requests to disclose information in the above categories. Formal application for ‘excluded information’ are invalid under the Act. In dealing with informal applications, Council may apply similar decision making framework. TIME LIMITS In respect of formal applications, Council will notify applicants of the decision on an application within 20 working days, unless the applicant agrees to extend the time. Council may also extend the time by up to 15 working days where consultation with a third party is required or if Council needs to retrieve records from archive. If access is deferred by Council, then Council will notify the applicant and include the reason for deferral and the date on which the applicant will be given access. A decision to defer access is reviewable (see Rights of Review and Appeal). If Council does not decide the applicant’s access 15 GIPA ACT PUBLICATION GUIDE application within the above timeframes, it is deemed ‘refused’. Council will refund the application fee and the applicant may seek internal or external review (see Rights of Review and Appeal) of this refusal. This will not apply if an extension of time has been arranged or payment of an advance deposit is pending. RIGHTS OF REVIEW AND APPEAL Where a member of the public is refused access under a formal application under the GIPA Act, staff will provide details of the reasons for refusal to the member of the public in writing. An applicant who has been refused access by Council to information requested under a formal request for access to information under the GIPA Act has three options of review available. 1. Applicants can apply to Council for an internal review. This is a review by someone more senior than the original decision maker and there is a $40 fee. Applicants have 20 working days from receiving notice of a decision to ask for an internal review. 2. If an applicant is not satisfied with the internal review, or does not want one, they can ask for a review by the Information Commissioner. Applicants have eight weeks from being notified of a decision to ask for this review. 3. If an applicant is not satisfied with the decision of the Information Commissioner or the internal reviewer or if they don’t want to take these options they can apply to the Administrative Decisions Tribunal (ADT). If the applicant has already had a review by the Information Commissioner they have four weeks from notification of the decision to make this application. If they haven’t had a review by the Information Commissioner they have eight weeks from notification of the decision to make this application. It is noted that there are no rights of review in respect to informal applications, but the applicant can make a formal application at any time. COSTS OF MAKING A FORMAL ACCESS APPLICATION Formal Access Application Fee S.64(3) $30.00 per application. Processing Fee may be charged S.64(1) $30.00 per Hour* Both fees are subject to 50% reduction under S.65 (1) if Council is satisfied that the applicant is suffering financial hardship or if the information is of special benefit to the public generally S.65(2). *There may be an hourly charge for processing the application, depending on the type and classification of the information requested. If a charge is imposed, the $30 application fee will cover the first hour of processing the application (S.64(3)). 16 GIPA ACT PUBLICATION GUIDE CONTACT DETAILS Enquiries to either Officer should be addressed as follows: Miss Heather Sills Mr Peter Stewart Public Officer General Manager Guyra Shire Council Guyra Shire Council PO Box 207 PO Box 207 GUYRA NSW 2365 GUYRA NSW 2365 Ph: (02) 6770 7100 Ph: (02) 6770 7100 Fax: (02) 6779 1221 Fax: (02) 6779 1221 council@guyra.nsw.gov.au council@guyra.nsw.gov.au 17