Access to Information
- Written by Adam Gatt Penrith City Council (02) 4732 7777 (02) 4732 7958 firstname.lastname@example.org https://www.penrithcity.nsw.gov.au 601 High St Penrith NSW 2750 Australia
The Government Information (Public Access) Act 2009 (GIPA Act) details the obligations of agencies such as Council to provide access to certain information. The Act provides for Council to release information publicly on its website (called open access information); in response to a Special Access Request, an informal request for access or in response to a formal application for access.
Find out more about your right to information and gaining access to information on the NSW Information and Privacy Commission website.
Information in Council’s records subject to copyright.
If consent has been obtained from a copyright owner, or if it is a special access request, the information can be copied and released. Council will inform all applicants if information is subject to copyright. If an applicant still requires a hard copy of the information Council will then provide details of the copyright owner.
There may be certain circumstances where Council is not taken to have breached the provisions of the Copyright Act 1968. For example, Council is not taken to have breached copyright in a literary, dramatic, musical or artistic work by anything done for the purposes of a judicial proceeding.
Information contained on Council's website subject to copyright.
Council has a copyright disclaimer on its website where information about development applications is readily available to view. Please ensure that you read this disclaimer before accessing this information.
Access directions on Council records
There are some Council records that are subject to authorised access in accordance with Section 51 of the State Records Act 1998. These records include the following:
- Early Access: Records available under the GIPA Act 2009 which include publications, publicity and educational material in all formats.
- Closed to Public Access: This includes staff records (including registers and history cards closed 50 years), building and development plans (drawings) of current building and services. Applies only to plans of existing buildings, showing existing internal layouts and services.
- Open to Public Access: All records not covered by Early Access authorisations or Closed to Public Access directions.
Requests for access
Council is required to make certain information publicly available. Where information is not publicly available you can submit a request to access the information. Please have a read of our Access to Information Factsheet for more information.
1. Special access request
If you seek to access information which is closed to public access, you can apply for a Special Access Request. Applications for these requests should be lodged in writing on company letterhead providing specific details of the request. For more information about special access requests contact Council's Records Management Section on 4732 7777.
2. Development applications
3. Informal request
There are different kinds of applications that you can make, depending on the information that you require. If you would like to request information that is not available on Council’s website you will need to complete and lodge an n Informal Request for Access to Information Application Form. There is no fee to lodge an application and have it assessed, however there may be a fee associated with printing hard copies of documents not protected by copyright provisions.
4. Formal request
Council also holds a lot of information that is not listed as open access information. The release of this information is generally restricted due to considerations such as commercial confidence, legal privilege, security concerns and protection of privacy. You can apply for access to this information by submitting a Formal Request for Access to Information Application Form. There is an application fee of $30 to lodge a request.
5. Open access information
Council is required to make certain information publicly available. This information is called open access information or mandatory release information. Council will provide access to certain information on this website:
- Documents tabled in Parliament (No documents have yet been tabled in Parliament by or on behalf of Penrith City Council. Should this occur, Council will provide links to these documents on this page).
- A Disclosure Log of access applications - Council currently has no access applications on our disclosure log
- Register of Government Contracts
- register of government contracts - sale of land
- Open Access Information not Disclosed
- Council's Policy Register
- Code of Conduct
- Code of Meeting Practice
- Annual Report and Annual Financial Statements
- Auditor's Report
- Operational Plan
- Public Land Register - Council is required to keep a register of all land vested in it or under its control (s53 of the Local Government Act 1993). Visit the Public Land Register page for more information.
- EEO management plan
- Policy concerning the payment of expenses incurred by, and the provision of facilities to, Councillors
- Annual reports of bodies exercising functions delegated by the Council
- Any codes referred to in the Local Government Act 1993 (NSW).
- Council business papers and minutes (minutes of any meeting of the Council or any Committee of the Council, but not including Business Papers or minutes for matters considered when part of a meeting is closed to the public)
- Information in relation to Development Applications
- Statement of Business Ethics
6. Pecuniary Interest Register
Council as required maintains a Pecuniary Interest Register for councillors and designated persons. Information on this register may be viewed subject to an application being made. For more information about accessing information on this register please contact Council's Records Management Section on 4732 7777.
Your right to review
You have 20 working days after the notice of a decision has been posted or emailed to you to ask for an internal review by the agency that made the decision - use our GIPA Internal Review application form. Find out more Information from the Privacy Commission NSW website. Find out more about your right to information and gaining access to NSW Government information at the NSW Information and Privacy Commission website.