Public Access to Information

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Under the Government Information (Public Access) Act 2009, there is a preference for the disclosure of government information, unless there is an overriding public interest against disclosure.

You can find out more about your right to information and new ways to access government information from the NSW Information and Privacy Commission on 1800 472 679 or from its website at Information and Privacy Commission New South Wales.

Open Access

We are required to share Open Access information with you. We maintain a range of registers on delegations, public land, contracts, political donations, planning decisions and more for our community to access.

There is other information we can share with you following an application to us under the Government Information Public Access (GIPA). More details available under Informal GIPA or Formal GIPA.

Follow the links below to view Bellingen Council's Open Access Information:
This list is not exhaustive, and the page will be updated in due course. 
 

Our Policy Documents

Our Agency Information Guide

Return of Interest Disclosures

Our Register of Government Contracts

Council Disclosure Log

Political Donations & Gifts Register

DA Tracker

Land RegisterPlease contact Council at council@bellingen.nsw.gov.auif you wish to receive a copy.

Council is required to keep a register of all land vested in it or under its control. The register must include the requirements listed in s.53(2) of the Local Government Act.

 

 

Informal Request for Information

In many cases, Council can release information via an Informal Request for information. This request may be for property related or other documentation. Response times for an informal request may vary depending on the type and volume of information requested and current demand for our services. Please note the GIPA Act provides no statutory timeframe by which informal requests must be decided within.

An Informal Request for information does not generally incur fees or charges however, this can be dependent on volume of documentation and preferred method of receipt i.e. printing/photocopying fees may be incurred – See our website for Fees & Charges information.

Access to copyrighted documents will be granted by in-person inspection only, unless the copyright owner’s written consent is provided. Some examples of documents which may be subject to copyright restrictions include site plans, architectural drawings, consultant reports.

To lodge an Informal Request for information, please complete the online Informal GIPA Application Form:

Informal GIPA Application Form

Alternatively, a printable pdf form can be submitted at Council office or via email, gipa@bellingen.nsw.gov.au.

Prior to lodging an Informal Request for information, please check the Bellingen Shire Council website for the information you are seeking. If unavailable via the website, please consider whether the information you are requesting:

  • contains personal or confidential information about a third party; 
  • involves a large volume of information (requiring extensive research and considerable time/resources to produce);
  • may be of a sensitive nature requiring consideration in favour or against disclosure. 

If any of these statements are true you may consider a Formal Request for information.

Formal Requests for Information

When you require information that cannot be accessed on the Bellingen Shire Council website or be released via an Informal Request, you may consider submitting a Formal Request for information to Council.

 A formal access application may be required if the information is:

  • Sensitive in nature
  • Requires third party consultation because the records include personal, business or commercial information about other parties.
  • Involves a large number of records or extensive searching.
  • Is otherwise unusually complex.

An application fee of $30 applies for all Formal Requests for information. Council must, however, abide by strict timeframes in processing your Formal Request for information. You can expect to receive a response to your request within 20 working days (4 weeks) from the date of your application payment.  

Additional fees may be applied depending on nature and volume of information requested– See our website for Fees & Charges information.

Formal Requests for information are subject to public interest testing and may be subject to copyright restrictions.  

Access to copyrighted documents will be granted by in-person inspection only, unless the copyright owner’s written consent is provided. Some examples of documents which may be subject to copyright restrictions include site plans, architectural drawings, consultant reports. 

To lodge a Formal Request for information, please complete the online Formal GIPA Application Form:

Formal GIPA Application Form

Alternatively, a printable pdf form can be submitted at Council office or via email, gipa@bellingen.nsw.gov.au.

Please note that rights to review are applied to formal request applications and third parties (who may be impacted by the disclosure) both internally to Council and externally to the Information and Privacy Commissioner (IPC) or NSW Civil and Administrative Tribunal (NCAT). To lodge an Application for Internal Review please complete the online application form or access the printable pdf form here.

Adjoining Property Information

Council can assist you in initiating contact with adjoining property owners. If you need to contact neighbours to discuss adjoining property matters, such as fixing a shared fence, you may wish to lodge this application to Council.

In this process, Council ensures we maintain respect for people’s privacy while supporting the needs of the community.

By completing the application form below, Council will forward it to your adjoining neighbour who can then contact you to discuss the matter. It will be up to the adjoining neighbour to respond.

To lodge an application, please complete the online Adjoining Property Information Form:

Application for Adjoining Property Information

Alternatively, a printable pdf application can be lodged at Bellingen Shire Council office or via email, council@bellingen.nsw.gov.au

If your request does not concern your property, or a neighbouring property, we cannot process this application. You may need to contact NSW Land Registry Services or consider lodging a Government Information (Public Access) request. 

Return of Interests Disclosures

In accordance with Council’s Code of Conduct, Councillors and designated persons are required to complete and lodge an annual Return of Interest declaration. Follow the link below for more information. 

View Return of Interests Disclosures

Open access information not released 
Under section 6(5) of the Government Information (Public Access) Act, council must keep a record of the open access information (if any) that it does not make publicly available on the basis of an overriding public interest against disclosure. The record is to indicate only the general nature of the information concerned. 

Record Information not released 
 Returns of interest of Councillors and designated persons. Personal information. For example, signatures and property residential address details.  

 

Tips and Additional Resources

The following tips can assist Council staff process your request in a more timely and accurate manner:

  • Be clear and specific about the information you seek.
  • Where possible, provide some information about why you require the documents/information.
  • Ensure your contact details are entered correctly.
  • If submitting a Formal request, please contact Council to arrange payment. Processing (and response timeframes) will commence upon receipt of payment.

Frequently Asked Questions

“How do I request information from the Council?”

There are two ways to request information from Council: an informal or a formal GIPA application. An informal request is for straightforward information that is publicly available or easy to access. If your request is complex, sensitive, or involves third-party information, you will need to submit a formal GIPA application.

“How long will my request take?”

For informal requests, there’s no strict deadline, but we aim to respond within 6 – 8 weeks. For formal GIPA applications, Council must respond within 20 working days by law, but this may be extended if the request requires consultation with third parties. If more time is needed, the Governance Team will inform you.

“Why can’t I get a copy of certain documents?”

Some documents are protected under the Copyright Act 1968, which means we cannot provide copies unless the copyright owner gives permission. You have two options: Get written consent from the copyright owner so we can release the document. View the document at Council during a scheduled session, but you cannot take photos or copies.

“What happens if my request is denied?”

“If your informal request is denied, you may need to discuss with the officer responsible for the decision or submit a formal GIPA application for further review. If your formal application is denied, you have the right to: - Request an internal review by Council. - Seek an external review from the NSW Information and Privacy Commission or NCAT.

“I am not sure if I need to lodge an informal or formal application. What should I do?”

Council Customer and Business Services may be able to help you or you may direct your enquiry to gipa@bellingen.nsw.gov.au. Keep in mind that Informal information applications are suitable for requests for information which are not complex and can be processed quickly. Though many applications involve requests for property information, informal applications can also be used to request other information held by Council, including personal information.


Please also be aware that Council requires proof of your identity before providing access to any personal information or where your identity is relevant to the information you are seeking, in accordance with the public interest test.

The Information and Privacy Commission (IPC) website has more details about GIPA and Information Access:

View all Information Access Fact Sheet and other guidance.

 

If you have any questions or would like to discuss your request prior to lodging an application, please contact us our Governance Team:
T: (02) 6655 7300
E: gipa@bellingen.nsw.gov.au

Alternatively, you can visit us in person (during business hours):

33 Hyde Street
Bellingen, NSW 2454
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