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
As specified in the NSW Government Information (Public Access) Act 2009 (GIPA) Act, Council must proactively release a range of information on our website and in other accessible formats. To access information from Council you are able to:
- search our website, to see if it is already available
- contact our Right to Information Officer for assistance on 4732 7732
- submit the relevant application form by email, fax, by post or in person.
To process your request, you will need to complete the relevant form (unless an application form is not required) including your contact details.
Find out more about your right to information and gaining access to NSW Government information: visit the NSW Information and Privacy Commission website.
If you have a hearing or speech impairment you can use the following free services:
- call the OIC through the National Relay Service (NRS) on 133 677.
- talk to us with the assistance of an interpreter, using the Translating and Interpreting Service (TIS) on 131 450.
When dealing with your application, Council determines whether the information:
- is open access information that is already available on Council's website
- needs an Application for Open Access to Information about Development Applications (without requiring an informal or formal application)
- needs written consent from a copyright owner
- needs an Informal Application
- needs a Formal Application or
- needs a special access request to be in writing on company letterhead.
Information contained on Council's records subject to copyright
If copyright 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 (see Section 43(1) Copyright Act 1968)
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.
Notification of access directions on Council records
In accordance with Section 51 of the State Records Act 1998, there are some Council records that are subject to authorised access directions. These records include the following:
Early Access: Records available under the GIPA Act 2009, includes publications, publicity and educational material in all formats
Open to Public Access: All records not covered by early access authorisations or closed to public access directions
Closed to Public Access:
- staff / personnel records excluding summary records such as history cards - closed 100 years from date of birth
- staff summary 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 - Building and Development records have been closed in relation to Building and Development Plans (drawings) of current buildings and services displaying internal layouts and services. Click here for Access Directions on Council's Records.
Forms of access
1. Special access requests - records closed to public access
Applications for these requests should be lodged in writing on company letterhead providing specific details of the request.
For more information about access directions or special access requests contact Council's Records Management Section on 4732 7777.
2. 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:
- Council's Information Guide
- 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
3. Open access request for information about development applications:
Request for information about development applications by downloading and submitting the Open Access Request Form.
4. Informal request for access to information:
Council is required to proactively disclose certain information to you, through informal release. If you require copies not protected by copyright provisions, copying charges apply.
Read our Access to Information Factsheet.
You are encouraged to lodge an Informal Request for Access to Information Application Form.
where the information you are seeking is NOT:
- a special access request; or
- restricted due to considerations such as commercial confidence, legal privilege, security concerns and protection of privacy; or
- information that contains personal information; or
- in relation to another party or parties; or
- listed on the Open Access information about a Development Application form; or
- covered by another application form.
5. Formal request for access to information:
The formal application process is required if the application involves a large amount of information or extensive searches, or the information is generally restricted due to considerations such as commercial confidence, legal privilege, security concerns or personal or business information about a third party who must and will be consulted before the particular information sought can be released.
6. Pecuniary Interest Register
Council as required maintains a Pecuniary Interest Register for councillors and designated persons. Returns made on the register may be viewed subject to an application being made.
Your rights to review under GIPA
Find out more from the Information and Privacy Commission NSW website.
You have 20 working days after the notice of a decision has been posted to you to ask for an internal review by the agency that made the decision - use our GIPA Internal Review application form.