Government Information (Public Access) Act, 2009

Under section 7 of the GIPA Act, agencies must review their programs for the release of government information to identify the kinds of information that can be made publicly available. This review must be undertaken at least once every 12 months.

Council's Program for the proactive release of information involves the review of all access applications to ascertain if there is certain information that is continually being requested and if so deciding if that information can be placed on Council's website. As a result of this review, Council has not released any further information proactively.

Council has actively sought to place information on its website identified as being readily available (having regard to its format etc.) for viewing by the public. Council, as a practice, gives consideration to public access availability of all new projects, initiatives and developments.

Whilst Council reviews its decision about proactively releasing information on an annual basis, it will also release information proactively as and when required.

Number of Formal access applications received - Clause 7(b)

  • During the reporting period, our agency received a total of 26 formal access applications. 24 of the applications received were processed during this reporting year and 2 of the applications received were carried forward to be processed in the next reporting year.
  • Of the 24 applications processed during this reporting period, two were refused in full
  • Attached are the schedule 2 tables with the relevant statistics about the applications received and the decisions made during the reporting year.

Statistical information about access applications - Clause 7(d) and Schedule 2

Table A: Number of applications by type of applicant and outcome*

Applicant

Access granted in full

Access granted in part

Access refused in full

Information not held

Information already available

Refuse to deal with application

Refuse to confirm/deny whether information is held

Application withdrawn

Media

1

0

0

0

0

0

0

0

Members of Parliament

0

0

0

0

0

0

0

0

Private sector business

1

1

0

1

0

0

0

3

Not for profit organisations or community groups

0

0

0

0

0

0

0

0

Members of the public (application by legal representative)

1

5

0

0

0

0

0

1

Members of the public (other)

3

1

2

0

0

0

0

4

*More than one decision can be made in respect of a particular access application. If so, a recording must be made in relation to each such decision. This also applies to Table B.

Table B: Number of applications by type of application and outcome

Access granted in full

Access granted in part

Access refused in full

Information not held

Information already available

Refuse to deal with application

Refuse to confirm/deny whether information is held

Application withdrawn

Personal information applications*

0

0

0

0

0

0

0

0

Access applications (other than personal information applications)

5

5

0

1

0

0

0

6

Access applications that are partly personal information applications and partly other

1

2

2

0

0

0

0

2

*A personal information application is an access application for personal information (as defined in clause 4 of Schedule 4 to the Act) about the applicant (the applicant being an individual).

The total number of decisions in Table B should be the same as Table A.

Table C: Invalid applications

Reason for invalidity

Number of applications

Application does not comply with formal requirements (section 41 of the Act)

1

Application is for excluded information of the agency (section 43 of the Act)

0

Application contravenes restraint order (section 110 of the Act)

0

Total number of invalid applications received

1

Invalid applications that subsequently became valid applications

1

Table D: Conclusive presumption of overriding public interest against disclosure: matters listed in Schedule 1 of the Act

Item

Number of times consideration used*

Overriding secrecy laws

0

Cabinet information

0

Executive Council information

0

Contempt

0

Legal professional privilege

2

Excluded information

0

Documents affecting law enforcement and public safety

0

Transport safety

0

Adoption

0

Care and protection of children

0

Ministerial code of conduct

0

Aboriginal and environmental heritage

0

*More than one public interest consideration may apply in relation to a particular access application and, if so, each such consideration is to be recorded (but only once per application). This also applies in relation to Table E.

Table E: Other public interest considerations against disclosure: matters listed in table to section 14 of the Act

Item

Number of times consideration used

Responsible and effective government

4

Law enforcement and security

0

Individual rights, judicial processes and natural justice

5

Business interests of agencies and other persons

2

Environment, culture, economy and general matters

0

Secrecy provisions

0

Exempt documents under interstate Freedom of Information legislation

0

Table F: Timeliness

Item

Number of applications

Decided within the statutory timeframe (20 days plus any extensions)

15

Decided after 35 days (by agreement with applicant)

0

Not decided within time (deemed refusal)

1

Total

16

Table G: Number of applications reviewed under Part 5 of the Act (by type of review and outcome)

Item

Decision varied

Decision upheld

Total

Internal review

0

1

1

Review by Information Commissioner*

0

0

0

Internal review following recommendation under section 93 of Act

0

0

0

Review by ADT

0

0

0

Total

0

0

1

*The Information Commissioner does not have the authority to vary decisions, but can make recommendation to the original decision-maker. The data in this case indicates that a recommendation to vary or uphold the original decision has been made.

Table H: Applications for review under Part 5 of the Act (by type of applicant)

Applicant

Number of applications for review

Applications by access applicants

1

Applications by persons to whom information the subject of access application relates (see section 54 of the Act)

0