The term GIPA is an abbreviation for the Government Information (Public Access) Act (the GIPA Act).
The GIPA Act provides a framework for how the public can access a NSW Government agencies record. This framework identifies rights of access, limitations to these rights, and obligations on Council in relation to making information available to the public. When we speak about making a GIPA request or application, this simply means that a customer seeks access to Council records as per the rights set out in the GIPA Act.
Council has a variety of services and functions which require collection and retention of information. We collect, store and retain a large volume of information which is stored in various forms and places. We have archives where we store historic hardcopy files, we have databases where we input information and electronic records management systems where we store documents and records. We hold onto records for a minimum retention period as set out in the State Records Act 1998, not all information has the same retention period as such, the period of time that we hold onto information, will depend on the class of information it is.
Where possible Council publishes information on our website. However, in some cases it may not be possible or appropriate to publish information online. If you cannot find some information online, you can make a written request to access the information you are seeking. You have the option to make an Informal GIPA Request or a Formal GIPA Application.
Try searching our website
The principal objective of the GIPA Act is to promote open, accountable, fair and effective government in NSW. In line with the principal objective, the GIPA Act classifies some government information as open access information and there is a requirement on Council to make this sort of information publicly available. Where it is reasonable to do so, we will publish open access information on our website. As such it is a good idea to take a look at our website first.
Some of the information that can be found on our website is listed below (we have included links that will take you to the various webpages, or help you download the documents):
What if I can't find what I'm looking for?
Some information may not be published online as we may have identified it as subject to an overriding public interest against disclosure, the information may pre-date our electronic records systems or it would impose an unreasonable additional cost to Council to publish it online. In these circumstances you have two options for seeking access to Council records, these are:
- Informal GIPA Request
- Formal GIPA Application
Read the information below or download the fact sheet here Informal GIPA Request - Fact Sheet(PDF, 74KB)
An Informal GIPA Request is a way to seek access to Council records informally as provided in section 8 of the GIPA Act. This permits Council the option to give you access to information in response to your informal request without requiring you to make a Formal GIPA Application under Part 4 of the GIPA Act.
Section 8 of the GIPA Act creates no legal obligation on Council to grant access informally. This means that:
- Council can impose conditions on the release of information to you including how you can access the information,
- you do not need to pay an application fee, or other costs such as processing charges,
- there is no legislative timeframe imposed on the Council to make a decision, and
- you do not have the right to have Council’s decision reviewed.
How do I make an Informal GIPA Request?
In the first instance you should check on Council's website to see if the information you are seeking is freely available to the public. If you are not able to find the information you are looking for on Council's website, then you may make an Informal GIPA Request by downloading and completing a PDF form.
Informal GIPA Request(PDF, 115KB) - Use this form if you would like to informally request access to Council records.
Can I make an Informal GIPA Request to seek access to my house plans?
Yes, you can make an Informal GIPA Request to seek access to your house plans. If you are only seeking access to your house plans you may submit an Informal GIPA Request - Plans Only form.
Informal GIPA Request – Plans Only(PDF, 115KB) - Use this form if you would like to request access to the residential building plans, drawings, blueprints for your property.
Asking for information
When making your request, try to avoid 'fishing' terms such as asking for, any and all records relating to a topic. Tell us what information you are seeking access to; be as descriptive as possible, this will ensure concise and accurate searches. When making your application tell us:
- about the subject matter of the information you are requesting,
- whether the information you are seeking access to falls within any specific date range,
- about the type of information, you are requesting (for example, a report or emails), and
- whether the information you are requesting access to, is your own personal information.
When preparing your request, keep in mind that this is a request for access to records that are held by Council. As such, requests that raise questions seeking advice, clarification, opinion or guidance cannot be dealt with under an Informal GIPA Request. Additionally, any enquiries seeking updates in relation to ongoing matters with other sections of Council should be raised directly with the section dealing with the matter rather than making an Informal GIPA Request.
How long will it take to process an Informal GIPA Request?
The request process will take a minimum of 20 working days (4 weeks), from the date your request is received by Council. Should there be a high level of demand for our services and/or the information being sought is not easily accessible, a request can take up to 6 weeks to be processed.
Requests are placed in a queue and processed in order of receipt. Due to the volume of requests received by Council we do not consider requests for priority processing.
The accessibility of records and the level of demand on our services impacts the time it takes for us to provide a response. As such, this process cannot be sped up, even if you contact Council.
Are there any charges for an Informal GIPA Request?
There are no charges for an Informal GIPA Request.
However, Council may refuse to deal with a request informally should the request require significant time and resources to process. If we refuse to deal with a request informally you have the option to make a Formal GIPA Application which allows Council to impose processing fees for the time needed to deal with an application.
Please refer to the Formal GIPA Application information page or the Formal GIPA Application - Fact Sheet(PDF, 105KB) for more information on the Formal GIPA Application process.
Will I get access to the information I have asked for?
Access to records will depend on what information is being sought.
Under the GIPA Act there is a presumption in favour of disclosure of information unless there is an overriding public interest against disclosure. In line with this presumption, we assess all records which are subject to an Informal GIPA Request and consider whether there are any factors that would limit access to the record. An example of an access limiting factor would be where a document contains personal information about an individual other than the person making the request. In this situation, we may still grant access, but we would grant access to a copy of the record which has had all the personal information deleted from the document.
The manner of access may also vary, for example, access to house plans may be granted on a view only basis where the plans are subject to a current copyright restriction.
Read the information below or download the fact sheet here Formal GIPA Application - Fact Sheet(PDF, 105KB)
A Formal GIPA Application is a process that can be used by a customer who wishes to access records held by Council, that:
- are of a sensitive nature,
- contain personal information of various parties,
- could affect the legislative rights of another person or organisation, or
- will require significant Council time and resources to process.
The Formal GIPA Application process, also known as an Access Application, is set out in Part 4, Division 1 of the GIPA Act.
How do I make a Formal GIPA Application?
You may lodge a Formal GIPA Application with Council by either downloading and completing a PDF form or completing an online e-form. Links to both options are included below.
Making a valid application
When preparing a Formal GIPA Application, remember that for the application to proceed to processing it must be a valid application. Section 41 of the GIPA Act provides that a Formal GIPA Applicaiton must comply with the following requirements for it to be considered a valid application.
- It must be in writing and lodged with Council by post, email or online e-form.
- It must clearly indicate that the application is made under the GIPA Act.
- It must include an application fee of $30.00.
- It must include the applicants name and postal or email address for correspondence.
- It must include enough details about the information being sought to allow Council to locate and identify the information that is being applied for.
Asking for information
When making you application, try to avoid 'fishing' terms such as asking for, any and all records relating to a topic. Tell us what information you are seeking access to; be as descriptive as possible, this will ensure concise and accurate searches which will save time and reduce the processing costs of your GIPA application. When making your application tell us:
- about the subject matter of the information you are requesting,
- why the information is important to you,
- whether the information will the information assist you in exercising any legal rights,
- whether the information falls within any specific date range,
- about the type of information, you are requesting (for example, a report or emails), and
- whether the information you are requesting access to, is your own personal information.
How long will it take to process a Formal GIPA Application?
Council must process a Formal GIPA Application within 20 working days (4 weeks) of a valid application being received. The processing period can be extended by 10-15 working days should we need to consult with another person or where we need to retrieve records from archives.
If Council does not decide your application within 20 working days, it is considered a ‘deemed refusal’ and your application fee will be refunded. However, this does not apply if an extension of time has been agreed or payment of an advanced deposit is pending.
What will it cost?
In addition to the application fee of $30, Council may charge a processing fee. Processing fees cover the time and resources needed to locate the information and decide your application. We are permitted to charge a processing fee of $30 per hour of time taken to deal with your application.
Council may seek a deposit of the processing fees. We may request that a 50% advanced deposit be paid on the estimated processing fees. If an advanced deposit is not paid, we may refuse to deal any further with an application.
If you seek access to your own personal information, the first 20 hours of processing time is free of charge. Please note, this applies to information that falls within the definition of personal information as set out in section 4 of the Privacy and Personal Information Protection Act 1998.
Am I eligible for a discount?
Concession card holders, pensioners, students and not-for-profit organisations may be able to receive a 50% discount off processing fees. If you believe that a discount should apply, you will need to request it in writing.
You can also apply for a 50% reduction in the processing cost because of financial hardship or ask for a waiver of the fee if the information will be of special benefit to the public.
Do I have any rights of review if I'm not satisfied with Councils decision?
The Formal GIPA Application process gives an applicant rights of review if they are not satisfied with Councils decision. There are three options:
- Internal review by a senior staff member of Council
- External review by the Information & Privacy Commission
- External review by the NSW Civil and Administrative Tribunal (NCAT)
When Council provides a decision, you will be advised of all your review options.
Section 25 of the GIPA Act requires that NSW Government agencies keep a disclosure log of Formal GIPA Applications, where access to information has been granted and the information may be of interest to other members of the public. Council keeps disclosure logs of Formal GIPA Applications that meet these criteria and publish them below.
Disclosure Log 2022(PDF, 158KB)
Disclosure Log 2021(PDF, 125KB)
Disclosure Log 2020(PDF, 105KB)
Disclosure Log 2019(PDF, 99KB)
Disclosure Log 2018(PDF, 87KB)
Disclosure Log 2016 - 2017(PDF, 126KB)
We understand that there may be circumstances in which members of our community would like to make contact with a private property owner and will approach Council for this information. Unfortunately, we are unable to release personal information that we collect and store to anyone other than to the person the information relates to.
Whilst we will not give you another person's, personal information, you do have the option to authorise Council to send your contact details to the owner of a property with a request that they contact you. This can be done by completing the online, Authorisation to forward contact information to a third party form.
Should you choose to submit an authorisation request, please remember that this is not a GIPA request/application, because it is not a request for information, rather you are authorising Council to send your personal information to another person. The recipient of the correspondence is under no obligation to respond to you and Council holds no authority to make a person respond to you, as such we will not be able to take any further action if you do not receive a reply to your request for contact.
Why can't I get a property owners contact information?
Under NSW privacy laws, Council and its staff are responsible for protecting the privacy of the personal information we collect. The Privacy and Personal Information Protection Act 1998 (the PPIP Act) outlines the basic obligations on Council to protect the information we collect about individuals.
The PPIP Act defines personal information as, information or an opinion about an individual whose identity is obvious or can reasonably be determined from that information or opinion. Additionally, the PPIP Act states that we cannot release personal information to anyone other than the person the information relates to (section 18). We can reasonably assume that personal information includes:
- a person's name;
- a personal address;
- a person's contact details such as email and phone numbers.
Considering the legal obligations on Council and its staff to protect the personal information we collect; we cannot reasonably give out a property owners contact information without breaching our legal obligations.
Am I able to get the information if my enquiry relates to a fence or tree matter?
Unfortunately, no, we will not be able to give you a property owners contact details if your enquiry relates to a fence or tree matter.
The Dividing Fences Act 1991 and the Trees (Disputes Between Neighbours) Act 2006 provide guidelines and obligations in relation to private property fencing and tree matters. Neither legislation imposes obligations on Council in relation to these matters. Additionally, the PPIP Act and the Privacy Code of Practice for Local Government, provides no relevant exemptions to privacy obligations on Council in these circumstances.
You do have the option to authorise Council to send your contact details to the owner of a property with a request that they contact you. This can be done by completing the online, Authorisation to forward contact information to a third party form.
Is there any information Council may be able to provide?
If our records show that a property owner is listed as a business name, company name or there is a registered real estate agency managing the property then Council will be able to provide you with this information.
Other helpful resources
The below links contain useful information that may be of assistance:
If you have any further questions, please feel free to contact Council’s Governance - Access to Information team. We can be contacted by: