The GIPA Act was established to provide an open and transparent process for giving the public access to government information. Under the GIPA Act, members of the public have a right to access government information, except where there is an overriding public interest against releasing that information.
Upper Hunter Shire Council provides access to information in accordance with the Government Information (Public Access) Act (GIPA) 2009 in four ways.
Mandatory release: Certain information, referred to as open access information, must be published on the agency's website, free of charge.
Proactive release: Beyond mandatory release, agencies are encouraged (and authorised) to release as much government information as possible.
Informal request: Agencies are encouraged to informally release information, by excusing the need for a formal application (and fee) to be submitted.
Formal application: This is the last resort if information is not accessible in any of the above 3 ways. Decisions made in response to formal applications can be reviewed.
The GIPA Act applies to:
Under the GIPA Act, you have the right to access government information that is stored by us, unless it goes against public interest for this information to be disclosed.
For more information: https://www.ipc.nsw.gov.au/
Requests for BA and DA files that pre-date 1 July 2010 will incur a $120 search and supply fee.
Certain information contained in development applications made on or after 1 July 2010 is provided as open access under the GIPA Act and is therefore provided free of charge.
Our online DA Tracker can be used to find the date a Development Application was lodged. The DA Tracker will display information back to 1998.
Building/Development Applications - Search & Supply Application
If you are unable to find information you are looking for on our website you can make an informal request by completing the application form below. Search fees will apply for information that is not open access.
Please note: the GIPA Act provides no statutory timeframe by which Informal requests must be decided within. Council is not required to disclose government information pursuant to an informal request and is also not required to consider an informal request for government information (s8(3)). Council can decide however by what means information is to be released in response to an informal request (s8(4)).
Informal Access Application
Formal requests are usually required if the information you need:
To make a formal information request:
Formal Access Application
A request for information may be refused if:
Under the GIPA Act, we are not permitted to provide information to you if it may be against public interest for us to do so. We are required to consider public interest, if your request falls into any of the following categories:
We aren’t allowed to use the following reasons when considering public interest:
If you are denied access to information or are aggrieved by Council's decision, you are entitled to apply for a review of the decision. There are three options available:
For advice or assistance concerning your right to access council information, contact the Office of Information and Privacy Commission NSW:
Website: Office of the Information and Privacy Commissioner website
The Disclosure Log details information previously released to an applicant under a Formal Access Application that we consider to be of interest to other members of the public.