Formal access

An application must be made on the approved Formal Access Application form, or alternately it can be submitted in writing but must:

• clearly indicate it is an access application made under the GIPA Act
• state your postal address in Australia
• provide phone and email details
• be accompanied by the application fee, or a copy of the receipt and
• provide sufficient detail to enable the Right to Information Officer to identify the requested information

A Formal Access Application is subject to an application fee which covers the making of the application, together with the first hour of processing time. Council may impose a further processing charge for dealing with a Formal Access Application in excess of two hours.

You may be entitled to a 50% reduction in the processing charge if you are suffering financial hardship. If the reduction in processing charge applies, the application fee will pay for the first two hours of processing time, instead of one. Conditions apply.

You may also be entitled to a 50% reduction in the processing charge if the information you applied for is deemed to be of special benefit to the public generally. If the reduction in processing charge applies, the application fee will pay for the first two hours of processing time. Conditions apply.

If you make a Formal Access Application for your personal information, we cannot impose any processing charge for the first 20 hours of processing time.

Complete the Formal Access Application form, along with the applicable fee using one of the following:

• by post, addressed to Right to Information Officer, OR
• in person at one of our offices.

Council's Right to Information Officer must decide as to whether they can release the information or not. They will give you notice of the decision within 20 working days after receiving the application. The decision period can be extended by up to 10-15 working days if consultation with a third party is required and/or records are required to be retrieved from the archive. If this is the case, you will by duly notified.

If you are not satisfied with the decision about your application, you have a right to ask for a review. For instance, you may have been refused access to the whole or part of a document, or perhaps you are concerned that your personal or business information will be disclosed to someone else. You have the option for applying for an Internal Review.

The Internal Review Application form must be lodged with Council within 20 working days of receiving the decision, must be in writing, and accompanied by the application fee. Lodgement must be via post or in person, as for a Formal Access Application, above.

A person more senior to the original decision-maker will review your application and inform you of the review decision within 15 working days, including reasons as to why the original decision is affirmed, modified or overturned. If further consultation is required, the review period may be extended by up to 10 working days.

You can also request an external review by sending a review application to the following:

Information and Privacy Commission NSW
NCAT Administrative Decisions Tribunal