Accessing Council Information
Edward River Council is dedicated to openness, accountability, and transparency in governance, striving to facilitate community access to Council information efficiently.
Your access rights to Council information are outlined in the Government Information (Public Access) Act 2009 (NSW) (GIPA Act), effective from 1 July 2010, replacing the Freedom of Information Act 1989 (NSW) and section 12 of the Local Government Act 1993 (NSW).
As part of this reform, the GIPA Act:
- Upholds rights to information that are designed to meet community expectations of more open and transparent government;
- Maintains there is a presumption in favour of the disclosure of government information unless there is an overriding public interest against disclosure;
- Authorises and encourages government agencies to proactively release government information;
- Makes it possible for government agencies to release information informally, without the need to submit a formal access application;
- Requires that a government agency must release information unless there is an overriding public interest against disclosure; and
- Provides applicants with review rights around information access decisions.
Council determines the release of information under the GIPA Act based on the public interest test. According to section 13 of the Act, information may be withheld only if there are public interest considerations against disclosure, and if, on balance, those considerations outweigh the public interest in disclosure.
To learn more about your right to information, the public interest test, and accessing government information under the GIPA Act, visit the NSW Office of the Information Commissioner (OIC) website Information and Privacy Commission New South Wales (nsw.gov.au). The OIC, an independent statutory authority, oversees the provisions of the GIPA Act. Please note that the OIC does not provide legal advice to stakeholders.
The following information is available on this website
Contacting Council to Request Information
If the desired information is not readily available on this website, please reach out to us directly. We will promptly assess your request and inform you if the information:
- Constitutes open access information already accessible, along with guidance on how to obtain it;
- Qualifies for proactive release as part of our ongoing transparency initiatives;
- Can be provided to you through informal channels; or
- Necessitates a formal access application process
Formal GIPA Request Process
If Council determines that the requested information cannot be released due to containing third-party personal or business details, sensitive information, or requiring processing time, you will need to lodge a formal GIPA application using Council’s Formal Release of Council Information Application form. ERC-Formal-release-of-Information-form.pdf(PDF, 403KB)
Request Review Options
Should you disagree with the decision regarding your formal GIPA request, you have three options for review:
Forms
Informal Release of Council Information Application(PDF, 201KB)
Formal Release of Council Information Application(PDF, 329KB)
Fees
If you request a copy of information held by Council, Council may charge a fee to cover photocopying or if Council has an authority to charge a fee. Please refer to Council’s fees and charges for more information.
Information and Privacy Commission
The Information and Privacy Commission (IPC) can provide you with more information about the GIPA Act.