Circulars

15-39 – GIPA Guideline 1 – Disclosure of information in returns of interests submitted by councillors and designated persons

What’s new or changing

  • Councils are reminded of GIPA Guideline 1 – Local Councils on the disclosure of information (returns disclosing the interest of councillors and designated persons) (Guideline 1).

What this will mean for your council

  • This guideline was issued by the Information Commissioner on 1 July 2010 about the disclosure of information contained in returns of interests lodged by councillors and designated persons under section 449 of the Local Government Act 1993 (the LGA).
  • The Guideline provides advice on releasing returns of councillors and designated persons as part of councils’ open access information in accordance with the requirement in clause 1(2)(a) of Schedule 1 of the Government Information (Public Access) Regulation 2009 (GIPA Regulation).
  • Releasing the information contained in the returns of councillors and designated persons in the manner detailed in the Guideline facilitates the legitimate public interest in having access to the information, while protecting the individual’s right to privacy and safety.

Key points

  • The Information Commissioner is empowered under sections 12(3) and 14(3) of the GIPA Act to issue guidelines to assist agencies regarding the public interests in favour of, or against, disclosure.
  • Guideline 1 supplements the provisions of the GIPA Act. Councils must have regard to it in accordance with section 15(b) of the GIPA Act.

Where to go for further information

  • Guideline 1 is available on the Information and Privacy Commission’s website at www.ipc.nsw.gov.au.
  • Contact the Information and Privacy Commission at 1800 472 679.
  • Contact the Office of Local Government’s Council Governance Team on 4428 4100

Tim Hurst
Acting Chief Executive