Access to Information

The Government Information (Public Access) Act 2009 (the GIPA Act) commenced 1 July 2010 and replaced the Freedom of Information Act (FOI) and access to information provisions in the Local Government Act (section 12 & 13).

The focus of the GIPA Act is to maintain and advance a system of responsible and representative democratic government that is open, accountable, fair and effective.  The Act requires Council to proactively release information where possible, providing there is no overriding public interest against disclosure.

The Act establishes four ways that the public can access Council information:

1.  Mandatory Disclosure

Some Council documents are considered ‘open access’ and will generally be published on Council’s website.  If you are seeking an ‘open access’ document which is not available on the website, please contact Council’s Customer Service Centre on 9748 9999 or send an email to council@strathfield.nsw.gov.au.  There are delays in processing documents to the website due to resources and systems capacity issues.  Open Access information includes:

2.  Informal Release

Council can also release information in response to an informal request providing there is no overriding public interest against disclosure.  Requests for informal release do not involve any fees or charges, except copying charges (where relevant).

Council can determine how the request is processed and in what form the information will be supplied.  Informal application decisions are not reviewable.

Further information on Informal Requests

Prior to lodging a request to access Council information, you should first search this website.  Many Council documents are classified as ‘open access’ and are  available to view or print from this website.

Lodging a request

If you are seeking specific information from Council files or documents, you can lodge an application for ‘informal release’ under section 8 of the Government Information (Public Access) Act 2009.  Informal release is free, except for copying charges (if applicable).

Informal release is used to request access to non-complex information e.g. those that do not involve requests for sensitive information, other people’s personal information or require unreasonable amounts of Council resources in processing.

Requests can be made directly to Council through the Customer Service Centre or by completing this form.  Applications often involve requests for property information, however applications can also be made to request other information held by Council including your personal information.  Where personal information is involved, Council may request you to provide proof of identity e.g. driver’s licence, passport, rates notice etc.

By providing specific and detailed requests, you can assist us in quickly determining what information is available to assist you.

Upon receiving your request, Council will determine how the request will be processed and what information is available.  This may involve Council contacting you to clarify what information is sought and the form in which it may be made available.

Timeframes for processing requests

Applications will be assessed in accordance with the Government Information (Public Access) Act 2009 and any other relevant legislation.  Applicants will be notified within fifteen (15) working days of the receipt of the application as to what information is available for release. Many Council records are held in storage off-site and may take a few days to be delivered to Council, which may change the anticipated processing time.

Access to information such as internal residential diagrams is usually restricted to owners of those properties, therefore Council generally seeks consent of the owner prior to Council releasing this information.

If Council determines that the request is unable to be processed as an informal release because it involves consideration of complex issues, significant resources or consultations with third parties, you could consider lodging a formal access application.  Formal access applications involve a lodgement fee and processing charges but also provides the right of review.

Copyright restrictions

Information held by Strathfield Council is subject to the Copyright Act 1968.  The Copyright Act does not permit materials covered by copyright (e.g. documents, plans, photos etc.) to be copied or published unless the owner of the copyright has given consent.  Council will make available documents to inspect but if there is no evidence of owner consent, Council can not provide copies of copyright materials.  The NSW Information and Privacy Commission released a knowledge updated in 2012 entitled ‘Copyright and Compliance with the GIPA Act’ which sets out copyright advice to local government.

Copying charges

Where documents are able to be reproduced the applicant will be required to meet all costs associated with photocopying, as set out in Council’s annual fees and charges schedule.

Where to inspect documents

Information will be available for inspection at Council’s Customer Service Centre, 65 Homebush Road, Strathfield, for seven (7) days from the date of notification.


3.  Formal Access

Persons making a formal access application have a legally enforceable right to be provided with this access unless there is an overriding public interest against disclosure of the information. Formal Access applications must be in writing, specifying that access to information is sought under the GIPA Act, accompanied by a fee of $30 and must contain enough detail to identify the information to which access is sought.  Additional processing charges may apply to these applications.

Formal Access applications only apply to information held at the time the application is received and include information held by the agency’s contractors engaged to provide services to the public on behalf of the agency. Formal Access applications are not required for Open Access information. Decisions are reviewable in certain circumstances.

Further Information on Formal Requests

If you are seeking information from Council, please search this website first as many council documents are available to view or print. 

You also have the right to make a formal access application.

Lodging a request

Persons making a formal access application have a legally enforceable right to be provided with this access unless there is an overriding public interest against disclosure of the information.

Formal Access applications must be in writing, specifying that access to information is sought under the Government Information (Public Access) Act 2009, accompanied by a fee of $30 and must contain enough detail to identify the information to which access is sought.

Additional processing charges of up to $30 per hour processing may also apply to these applications.  Discounts are applicable to pensioners, full-time students and not for profit organisations or where a special benefit applies.

A ‘Formal Access Application’ form can be downloaded from this page or provided from Council’s Customer Service Centre.

Formal Access applications only apply to information held at the time the application is received and include information held by the Council’s contractors engaged to provide services to the public on behalf of Council.

Formal Access applications are not required for Open Access information.

Decisions are reviewable in certain circumstances.

Copyright restrictions

Information held by Strathfield Council is subject to the Copyright Act 1968.  The Copyright Act does not permit materials covered by copyright (e.g. documents, plans, photos etc.) to be copied or published unless the owner of the copyright has given consent.  Council will make available documents to inspect but if there is no evidence of owner consent, Council can not provide copies of copyright materials.  The Office of Information Commissioner released a knowledge updated in April 2011 entitled ‘Copyright and Compliance with the GIPA Act’ which sets out copyright advice to local government.

Copying charges

Where documents are able to be reproduced the applicant will be required to meet all costs associated with photocopying, as set out in Council’s annual fees and charges schedule.

Where to inspect documents

Information will be available for inspection at Council’s Customer Service Centre, 65 Homebush Road, Strathfield, for seven (7) days from the date of notification.


4.  Proactive Release

In addition to the mandatory release of information, we are authorised to make any other information publicly available providing there is no overriding public interest against disclosure. There is an overriding public interest against disclosure of government information for the purposes of the GIPA Act, if there are public interest considerations against disclosure and, on balance, those considerations outweigh the public interest considerations in favour of disclosure.

5. Returns Disclosing the Interests of Councillors, Senior Staff and Designated Officers – Clause 4.21 of the Model Code of Conduct

As required under Council’s Code of Conduct and the Information and Privacy Commissions Guideline 1: For Local Councils on the disclosure of information contained in the returns disclosing the interest of Councillors and designated persons developed under the Government Information (Public Access) Act 2009 (NSW) the following Annual Returns are published:

Council has identified that the following personal information is to be redacted from each of the Annual Returns:

  • Councillors, Senior Staff and Designated Officers principle place of residence; and
  • Councillors, Senior Staff and Designated Officers signature details.

Any additional redactions to the Annual Returns published have been determined by Council based on reasoning under the Public Interest Considerations Against Disclosure as set out in the table contained in Section 14 of the GIPA Act and after due consideration of any application made to suppress an applicant’s personal information from a public register.

All applications to view the annual returns may be made by contacting Council on 02 9748 9999 or emailing governance@strathfield.nsw.gov.au.

2022/2023 Designated Officer

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Returns Disclosing the Interest of Councillors and Designated People Policy

 

Open Access Information Not Publicly Available

In accordance with section 6(5) of the Government Information (Public) Access Act 2009 (GIPA Act) Strathfield Council must keep a record of any open access information that it does not make publicly available on the basis that there is an overriding public interest disclosure.

Open-Access-Information-Not-Publicly-Available.pdf(PDF, 58KB)

Information and Privacy Commission

Further advice or assistance concerning rights to access Council information may be obtained from the Information and Privacy Commission NSW or via  email or by telephone 1800 472 679 between 9am and 5pm Monday to Friday (excluding public holidays).

The Information and Privacy Commission NSW is located at Level 11, 1 Castlereagh Street, Sydney.

Agency Information Guide

The Government Information (Public Access) Act 2009 requires Council to publish an Agency Information Guide. 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.

Strathfield Council’s Agency Information Guide can be viewed or downloaded (see below).

If you require any further information, please contact Council on 9748 9999.