How to access information
Last modified: October 19, 2009 - 11:07 AM
There are a number of ways you can access information from Council.
Health Records & Information Privacy Act 2002
Last modified 12 April 2006
What is a Health Record?
A health record is:-
(a) personal information that is information or an opinion about:
(i) the physical or mental health or a disability (at any time) of an individual, or
(ii) an individual’s express wishes about the future provision of health services to him or her, or
(iii) a health service provided, or to be provided, to an individual, or
(b) other personal information collected to provide, or in providing, a health service, or
(c) other personal information about an individual collected in connection with the donation, or intended donation, of an individual’s body parts, organs or body substances, or
(d) other personal information that is genetic information about an individual arising from a health service provided to the individual in a form that is or could be predictive of the health (at any time) of the individual or of any sibling, relative or descendant of the individual, but does not include health information, or a class of health information or health information contained in a class of documents, that is prescribed as exempt health information for the purposes of this Act generally or for the purposes of specified provisions of this Act.
What Does it Cost?
The initial cost is $33.00
Privacy and Personal Information Protection Act (PPIPA)1998
Last modified: April 12, 2006 - 1:46 PM
Port Stephens Council complies with the provisions of the Privacy and Personal Information Protection Act (PPIPA)1998.
What is personal information?
Personal information is any information or opinion about an individual whose identity is apparent or can be readily identified from the information or opinion (s 4 of the Act).
What type of personal information does Council collect
In order to deliver a wide range of services to the community Council collects a range of personal information about ratepayers (including businesses) and those who receive services. This information includes:
- names, address and contact details;
- property ownership information;
- credit card/bank account details for those who have provided this information to make payments.
From time to time Council may gather demographic details such as age, income and education/employment information. Council may only collect information that is required for a specific purpose and the information we collect will only be collected as long as it is required.
What Does it Cost?
- There is no initial fee to make an application.
Section 12 of the Local Government Act 1993
Last modified: April 12, 2006 - 1:44 PM
Section 12(1) of the Local Government Act lists all the documents, which Council is obliged to make available to the public.
This list includes:
- the council's code of conduct and code of meeting practice
- annual report including financial reports and auditor's report
- management plan and EEO management plan
- the council's land register
- register of investments
- returns of the interests of councillors, designated persons and delegates
- returns as to candidates' campaign donations
- agendas, business papers and minutes for council and committee meetings (but not including business papers for matters considered when part of a meeting is closed to the public)
- register of delegations
- annual reports of bodies exercising delegated council functions
- applications under Part 1 of Chapter 7 of the Local Government Act 1993 for approval to erect a building, and associated documents
- development applications lodged under the Environmental Planning and Assessment Act 1979 and associated documents
- local policies adopted by the council
- records of approvals granted, any variation from local policies with reasons for the variation, and decisions made on appeals concerning approvals
- records of building certificates under the Environmental Planning and Assessment Act 1979
- plans of land proposed to be compulsorily acquired by the council
- leases and licences for use of public land classified as community
- plans of management for community land
- environmental planning instruments, development control plans and plans made under section 94AB of the Environmental Planning and Assessment Act 1979 applying to land within the council's area
- the statement of affairs, the summary of affairs and the register of policy documents required under the Freedom of Information Act 1989.
Are there documents I can't see?
There are some documents, which can't be released under Section 12:
- where access to the documents would be contrary to the public interest
- any part of a document dealing with personal hardship of a resident/ratepayer
- any part of a document dealing with trade secrets
- a matter, the disclose of which would constitute an offence against the Act or found an action for breach of confidence
- plans and specification contained in building and development applications for any residential parts of a proposed building, other than plans that show the height and external configurations of the building in relation to the site on which it is proposed to be erected
- any part of a document that contains advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege
- information which would, if disclosed, confer a commercial advantage on a person with whom Council is conducting business.
What Does it Cost?
- There is no charge to inspect the documents under Section 12 of the Local Government Act however fees are applicable to obtain copies of certain documents.
How do I apply?
Simply print the Application Form and complete then fax or mail to Council: Mailing to: Governance Officer Port Stephens Council PO Box 42, RAYMOND TERRACE NSW 2324
Freedom of Information Act 1989 (FOI)
Last modified: April 12, 2006 - 1:43 PM
Under the Freedom of Information Act 1989 you can apply to view any document that Council holds that has not been made public.
Council's Governance Officer will determine your application in accordance with the provisions of the FOI Act. The release of documents in some cases may require consultation with a third party and it is Council policy not to release complainant's names and addresses under the FOI Act.
How do I request information?
- Identify the document or information you would like to see, Council will provide assistance if required with your application
- Fill out the attached application form and forward to Council with the appropriate fee
- You may be required to provide identification along with your application and if you are seeking information on the behalf of another person, Council may ask you to submit a consent form signed by that person.
How much does it Cost?
The initial fee is $30.00. An additional processing fee of $30.00 per hour is applicable unless the requested information relates to your personal affairs. 50% reduction in fees may be granted to:-
- Pensioners
- Health Benefit Card Holders
- Children
- Non-profit organisations who can demonstrate financial hardship or that it is in the public's interest that the information be released.
What Happens Then?
- Your application will be checked and acknowledged within 7 days.
- A search is then conducted for the requested information.
- The documents are compiled and checked. If reference is made to a third party, the person or business will be given the opportunity to claim an exemption under the Freedom of Information Act.
- If Council agrees with the exemption you will be given notice of determination.
- If the Council does not agree that the document is exempt, then the third party will be notified that the documents will be released. If they wish to appeal, this may delay your application.
- Sometimes to solve the problem, the exempt parts of the document can be deleted. eg: people's names and addresses.
- Your request must be dealt with in 21 days, not exceeding 45 days.
What can I do, if I am unhappy with the decision made regarding my FOI application?
- You are entitled to ask for an internal review within 28 days of being advised of the determination (a fee will apply)
- You may make an application to the Ombudsman Level 3 George Street Sydney; Phone: 1800 451524 or;
- Administrative Decisions Tribunal NSW Level 10, 65 Elizabeth Street Sydney Phone: (02) 92234677 The Council may assist you to direct your application to another agency if it does not hold the information requested.
Contact details
Governance Coordinator
02 49800187 (ph)
02 49831194 (fax)
tony.wickham@portstephens.nsw.gov.au
|
