1. Managing the public’s rights to government information Agency Module 2c supplement for local councils

2. Instructions for using this package 1.It is expected the following modules will have been will have been completed prior to participating in this module: Agency Module 1 – GIPA introduction Agency Module 2a – Managing the public’s new rights to government information Agency Module 2b – Contract register and contract disclosures 2.To make best use of this e-package, view it in slide show mode. 3.At times there will be extra text or examples shown by highlighted and underlined text. Just click your mouse on the underlined word to see the extra information that is of interest to you. Then click on return < to go back to the original slide. 4.There will be review questions to consider throughout the package and a quiz at the end. 5.If your staff do not have access to the Internet, you may save and post this package to your own intranet with appropriate acknowledgement to the Information and Privacy Commission (IPC).

3. Purpose This module has been designed to provide more specific, practical information and support for local councils to meet the new rights to information requirements of the GIPA Act. The GIPA Act is designed to meet community expectations for more open and transparent government.

4. Topics covered 1. Open access information or mandatory releaseOpen access information or mandatory release 2. Tools to assist and where to from hereTools to assist and where to from here 3. QuizQuiz 4. FeedbackFeedback

5. Open access information or mandatory release Section 1 Back to menu

6. Council documents available to the public Section 12 of the Local Government Act 1993 (LGA) specified the council documents that had to be made available free of charge for people to inspect at council offices Section 12 of the LGA has now been repealed by the GIPA Consequential Amendments and Repeals Act. The GIPA Act and Regulations now sets out what information must be made available as open access information Back to menu

7. What is open access information? The GIPA Act requires proactive information disclosure by all NSW government agencies including local councils and county councils. Open access information is the information that agencies must publish and make otherwise publicly available free of charge, or at the lowest reasonable cost to the agency provided one form of access is free. The open access information that all agencies, including local councils, must publish is detailed in e-learning Agency Module 2aAgency Module 2a Back to menu

8. Additional open access information for local councils The GIPA Regulations provides a tailored and detailed list of additional open access information that local councils must release. Local councils must also publish information about: Your local authority such as your codes, management plans, financial plans and policies Development applications and associated documentation such as home warranty insurance documents, construction certificates etc; records of decisions on development applications (including decisions made on appeal) Approvals, orders and other documents See the Schedule 1 to the GIPA RegulationsGIPA Regulations and Section 18 of the GIPA Act for full details.GIPA Act Back to menu

9. A possible query “A large amount of open access information is prescribed in the GIPA Regulations. My council has very limited staff and resources. What if we don’t have the capacity to put everything on our website? ” Review your ideas here! Back to menu

10. Response Return < It is mandatory for open access information to be published on an agency’s website unless to do so would involve an unreasonable cost (Section 6). If your council lacks the resources or IT support to publish everything required by the GIPA Regulations on its website, the website should note that the information is publicly available for inspection free of charge at council offers, and that every effort will be made to make the information available online. The important thing is that your agency makes the information publicly available, and shows a commitment towards continuous improvement.

11. Review question “We maintain a register of companion animals at my council. Do we have to release this? It contains the owner’s contact name and number so we can contact them if there is a problem with their animal.” What would you think about in deciding whether to release this document, and if so, in what format? Review your ideas here! Back to menu

12. Review response Information such as the Companion Animal Register is not prescribed as open access information in the GIPA Act. Rather as a record you hold, its release should be considered and weighed up under the public interest test. What are the public interest considerations for and against release? Review your ideas here! Back to menu

13. Additional considerations You may have raised issues such as: The public’s right to know who owns an animal who is causing a disturbance in their neighbourhood A person’s right to their personal information not being published You may have decided to record on your agency information guide that you have a companion animal register and people are welcome to approach your agency for informal access stating their reason why so you can apply public interest considerations. There are secrecy provisions in Section 75 of the Companion Animals Act 1998 (NSW). The GIPA Act also enables agencies to delete some material from a record to facilitate public access to the information (Section 7(4)) if the inclusion of the material would mean there was an overriding public interest against disclosure. You could therefore amend the register to remove identifying information prior to publishing on your website. Back to menu Return <

14. Exceptions The exceptions to these open access information requirements for local government are outlined in the GIPA Regulations Schedule 1 [3] (2) and summarised as: The plans and specifications for any residential parts of a proposed building (other than plans merely showing its height and external configuration) Commercial information, if the information would prejudice the commercial position of the person who supplied it or reveal a trade secret. Back to menu

15. Review question “The GIPA Regulations require information about development applications to be made publicly available. My council is concerned that DAs and supporting documents contain personal information, and we are worried that publishing this on the internet may breach people’s privacy. What should we do?” What part/s of the GIPA Act could guide you in your decision making? Review your ideas here! Back to menu

16. Review response Return < While the disclosure of open access information is mandatory, Section 6 of the GIPA Act provides a discretion not to disclosure information for which there is an overriding public interest against disclosure. The information relevant to the public interest regarding DAs is information about the property,not the personal information of owners and objectors. As a rule, councils should remove names and signatures on DA submissions and objections, and refrain from publishing materials associated with DAs that disclose personal information (e.g. doctors’ certificates identifying a medical condition submitted to justify an objection to a DA).

17. Remember the public interest test The public interest test involves three steps: 1.Identifying the relevant public interest factors for disclosurefor disclosure 2.Identifying any relevant public interest factors against disclosureagainst disclosure 3.Assessing whether the public interest against disclosure outweighs the public interest in favour of disclosure There is a presumption in favour of the disclosure of government information unless there is an overriding public interest against disclosure (Section 5). Back to menu

18. Public interest factors for disclosure There are no limits to the number and type of public interest factors in favour of disclosure. Examples may include: Promoting open discussion of public affairs, making government more accountable or contributing to discussion on issues of public importance Helping the public learn more about how agencies work and especially their policies and practices for dealing with members of the public Monitoring how public monies are spent by government The information is personal information of the person who is asking for it Showing where an agency or a member of an agency has engaged in misconduct or negligent, improper or unlawful conduct. You can consider any other factors that favour disclosing government information. Return< Back to menu

19. Public interest factors against disclosure The GIPA Act also provides a list of public interest considerations against disclosure. These are the only things agencies can consider in applying the public interest test against disclosure. Public interest considerations against disclosure come under the headings of: Harming responsible and effective government Prejudicing law enforcement and security Damaging individual rights, judicial processes and natural justice Prejudicing business interests of agencies and other persons Endangering environment, culture, economy and general matters Contravening secrecy provisions Exempt documents under interstate Freedom of Information legislation. Return< Back to menu

20. Tools to assist and where to from here Section 2 Back to menu

21. Additional tools to assist See IPC web resources: Commercial arrangements for local government knowledge updateCommercial arrangements for local government knowledge update GIPA Act guidelines 1: local councils Back to menu

22. Review question “My council maintains a register of interests of councillors and designated persons. It is prescribed in the GIPA Regulations as open access information. Should we publish the register in the internet?” What could guide you in your decision making? Review your ideas here! Back to menu

23. Review response Return < No. You should not publish this register on the internet. The Information Commissioner has released guidelines - GIPA Act guidelines 1: Local Councils stating that councils should not publish the register on their websites given the amount of personal information they contain. The registers should however remain available for inspection and copying at council offices. GIPA Act guidelines 1: Local Councils

24. Something practical for you to do now! Use the checklist for local councilschecklist for local councils After you have completed this e-package, print out a copy of the checklist and use it as a tool to review with key responsibility areas in your agency. It has suggested questions to ask to assess your responsiveness to the responsibilities of the GIPA Act. Back to menu

25. Quiz Section 3 Back to menu

26. Quiz 1.My council has received a formal access application seeking information about orders made under the Local Government Act 1993 (NSW) regarding a particular property in the last 15 years. Should we cash the cheque and process the application? Yes or No Back to menu

27. Answer to quiz question 1 Answer:No The GIPA Regulations state that information about orders, whenever created, is open access information. The correct thing to do would be to contact the applicant and advise him or her that the information is available without needing to lodge a formal access application and direct them to that information. Back to menu

28. Quiz 2.You have been contacted by a journalist from your local newspaper questioning the integrity of recent decisions made by councilors and requesting access to minutes from the last council meeting. You have delegated authority from the general manager to respond to informal requests and proactively release information. Do you: a)Advise the journalist to make a formal access application b)Refer the request to your general manager c)Refer the journalist to your website where minutes of any meeting of local council are available as open access information (except for any part of the meeting that is closed to the public) d)Consider the request as an informal request for information and apply the public interest test. Back to menu

29. Answer to quiz question 2 Answer: c) Minutes of any meeting (except those parts closed to the public) come under additional open access information requirements of local authorities. Back to menu

30. Feedback Thank you for completing this e-learning package. We welcome your feedback. Our resources will continue to be tailored to respond to issues and needs identified through this feedback. If you would like to tell us what you thought of this e-learning exploring some of the specific local government responsibilities under the new rights to government information legislation, please ring the IPC on 1800 IPC NSW (1800 472 769) or email us on ipcinfo@ipc.nsw.gov.au.ipcinfo@ipc.nsw.gov.au Or open and save this evaluation form. After you have completed it, please email it back to us as an attachment to: ipcinfo@ipc.nsw.gov.au.evaluation form ipcinfo@ipc.nsw.gov.au Back to menu