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18-30 Changes to GIPA – IPC Advice

Date: Wednesday 3rd October 2018
Category: Council Circular

Circular Details

Circular No 18-30 / 3 October 2018 / A620191

Previous Circular

N/A

Who should read this

General Managers and Governance Staff

Contact

Council Governance Team / 02 4428 4100

Action required

Information

PDF version of Circular 

 

What’s new or changing
 

  • Under the new Government Information (Public Access) Regulation 2018 (GIPA Regulation) changes have been made to the definition of open access information for local government in relation to development applications.

 

What this will mean for your council

  • Development applications received or made before 1 July 2010 (as well as associated documents and records of decision) are no longer open access information within the definition under the Government Information (Public Access) Act 2009 (GIPA Act) and the Regulation.

 

Key points

  • The new GIPA Regulation was made on 31 August 2018. It repeals and relaces the previous Government Information (Public Access) Regulation 2009.

  • The GIPA Regulation amends the additional open access information for local government under Schedule 1 Clause 3 in relation to development applications.

  • From 31 August 2018 the following information no longer falls within the definition of open access information for local government: o development applications made before 1 July 2010

    • in relation to a development application received before 1 July 2010, any associated documents which were received before, on or after 1 July 2010, and

    • the records of decisions, including decisions on appeal, on development applications made before 1 July 2010.

  • Development applications and decisions before 1 July 2010 continue to be ‘government information’ within the meaning of the GIPA Act and can be requested via an access application.

  • Any development applications received, or records of decisions made, on or after 1 July 2010 continue to be open access information for local government.

  • As with any other access application, local councils should apply the public interest test under Part 2 Division 2 of the GIPA Act when making a decision to release, or refuse access to information in relation to development applications.

 

Where to go for further information

  • The new GIPA Regulation can be viewed on the NSW Legislation website.

  • Further information on open access information requirements for public sector agencies is available on the Information and Privacy Commission NSW website.

  • Contact the Information and Privacy Commission at 1800 472 679.

 

Tim Hurst
Chief Executive

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