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Access to Council Information | How to Make an Information Request | Refusal to Process Requests | FOI Review of Determination | Further Information
Access to Council information can be gained under various legislation but most notably:
- NSW Local Government Act (1993), Section 12
- Freedom of Information (FOI) Act (1989)
- Privacy and Personal Information Protection Act (PPIPA) (1998)
The Local Government Act, S.12, gives a right to all persons to view for free Council documents as listed in the Act. These include annual reports, management plans, Council policies, business papers and meeting minutes, documents on a development application, development consents and various other documents. A copy of these documents can be provided for a reasonable fee. Our copying fees are listed in our schedule of fees and charges.
The NSW Freedom of Information (FOI) Act (1989) provides organisations and members of the public with a legal right to obtain access to documents held by Rockdale City Council. For local government, this Act refers to documents outside the access given under S.12 of the Local Government Act. Such documents can include complaints and investigation reports or specific correspondence. Under this Act you can request the amendment of records concerning your personal affairs. The FOI Act also requires agencies to regularly publish statements of their affairs, their functions and the records they keep.
The Privacy and Personal Information Protection Act (PPIPA) refers to the collection, storage, access, use and disposal of personal information. Council adopted its Privacy Management Plan in June 2000 and endeavours to consider privacy in all transactions. A person can request access to their personal information and amendments to this information under this Act.
To access a document(s) under any legislation, you should lodge a request with Council and pay the application fee if required. Access to Information Request form can be downloaded here.
A 50% reduction of the FOI fee may be granted in cases:
- where an individual can prove a case of financial hardship,
- where Council approves a claim by a non-profit organisation demonstrating financial hardship,
- or where a demonstrated public interest is involved.
Where significant correction of a personal record(s) results from an FOI request, provided the error was not due to the person's fault, a 100% refund of all fees and charges will be granted.
If you are seeking documents relating to your personal affairs, Council will request proof of your identity.
If you are seeking a document(s) on behalf of another person relating to their personal affairs, Council will ask you to submit a consent form signed by that person.
Your request for information will be dealt with as soon as practicable, (for FOI requests within 21 days) after it is received. Council will either grant, defer or refuse your request.
Sections 12(1)(A), 12(6) and 12A of the Local Government Act deals with restriction or refusal of access to Council documents and states that clear reasons must be given if access is restricted or refused. Sections 22, 25 & 26 of the FOI Act explain the circumstances under which Council may defer or refuse access to information.
Access to personal information under PPIPA can be refused if the criterion of the applicant is insufficient.
Grounds for review include:
- where access is refused or deferred;
- where material is deleted; and
- where the applicant considers costs to be too high.
Reviews initially will be conducted internally and, if necessary referred to the Ombudsman.
To lodge an appeal/review of an FOI determination, download and complete an Application for Review of Determination (PDF format/93k) form and post it to:
The General Manager
Rockdale City Council
PO Box 21
Rockdale 2216
Refer to the Local Government Act, the Privacy and Personal Information Protection Act or the FOI Act (available from the NSW Government Information Centre website)
Call Council's Information and Research Officer on 9562 1666
Property Research is a service offered by Council to provide detailed information about properties in the City of Rockdale. Large scale requests for information such as the complete development history of properties, gathering evidence for 'existing use rights' claims or identifying previous uses to establish or rule out land contamination will be considered Property Research requests. Property Research provides the applicant with the reassurance that a thorough search for documents and information has been undertaken. Files and documents to satisfy the research request will be identified, located and retrieved where possible.The files will then be made available for applicants to review and copies of appropriate documentation provided. The brochure is downloadable here.
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