Access to Information

Your right to information

On 1 July 2010 new right to information legislation came into effect, replacing the former freedom of information law.

The new law:

• Creates new rights to information that are designed to meet community expectations of more open and transparent government
• Encourages government agencies to proactively release government information.

You can find out more about your right to information and new ways to access NSW government information on the Office of the Information Commissioner (OIC) website at www.ipc.nsw.gov.au or email ipcinfo@ipc.nsw.gov.au

Accessing our agency’s information

Our agency publishes a range of information under the Government Information (Public Access) Act 2009.

Follow the links to find out more about our policies, our agency’s publication guide, a disclosure log of information applications, details of information not disclosed to the public and our register of government contracts.

Files can be downloaded in .pdf format below:

Government Contracts

In accordance with Section 27 of the Government Information (Public Access) Act 2009 (GIPA), Council is required to maintain a register that records information about each government contract which has (or is likely to have) a value of $150,000 or more.

This requirement however, does not apply to contracts entered into by Councils before commencement of the GIPA Act on 1 July 2010. Alternatively, Council may make some of this prior information proactively available within the contracts register.

You can request information on any contract entered into prior to this date by contacting the Right to Information Officer.

Under Section 35 (2)(b) of the Act, Councils are not required to publish their contracts register on the e-tenders website, making this page the centralised location for all current contracts entered into by Council since 1 July 2010.

Contracts that must be included in the government contracts register are those:

• between an agency and a private sector contractor for a value of $150,000 or more, and involve;
• the contractor undertaking a specific project such as construction, infrastructure or property development
• the contractor agreeing to provide specific goods or services
• the transfer or lease of real property

Employment contracts do not need to be included in the register.

Different classes of contracts

The Act provides for three different classes of contracts, each with different information disclosure requirements.

Class 1 contracts

Class 1 contracts are those that have, or are likely to have, a value of $150,000

Class 2 contracts

Class 2 contracts are class 1 contracts where:

• there has not been a public tender process and the terms and conditions of the contract have been negotiated directly with the contractor, or;
• the contract was the subject of a tender (whether public or not) but the terms and conditions have been substantially negotiated with the contractor
• the obligations of one or more parties to maintain or operate infrastructure or assets
• could continue for 10 years or more, and the contract involves a privately financed project (as defined by Treasury) or the exchange of significant assets.

Class 3 contracts

If a class 2 contract has a value, or likely value of more than $5 million, it becomes a class 3 contract. Agencies must publish a copy of a class 3 contract on the register of government contracts.

Pecuniary Interest Returns

The Local Government Act 1993 provides for the management of pecuniary interests. It places specific obligations on Councillors, council delegates, key council staff and other people involved in making decisions or giving advice on Council matters to act honestly and responsibly in carrying out their functions.

The Disclosure of Pecuniary Interest Returns is in compliance with Clause 4.21 of the Code of Conduct:

A Councillor or designated person must make and lodge with the general manager a return disclosing the councillor or designated person’s interest within 3 months after;

1.  Becoming a Councillor or designated person, and
2.  At the 30 June each year, and
3.  The Councillor or designated person becoming aware of an interest they are required to disclose that has not been previously disclosed in a return lodged under paragraphs a) or b).

Information contained in returns made and lodged under clause 4.21 of the Code of Conduct is to be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulation 2009 and any guidelines issued by the Information Commissioner.

The Information and Privacy Commission Guideline 1 Returns of Interests prescribes that Councillors and designated persons returns of interest must be made publicly available free of charge on council’s website.

Section 14 of the GIPA Act 2009 lists as a consideration against disclosure the fact that information may reveal someone’s personal information, or would contravene an information privacy principle under the Privacy and Personal Information Protection Act 1998 (NSW).

An individual has a right to protect the privacy of their personal information.  Given the amount of personal information that may be contained in the returns, special care will be taken to protect this right.

The type of matter which might be redacted from a return in these circumstances will vary depending on the public interest considerations applied.  However, examples might include the signature or residential address of the individual making the return.

Releasing the information contained in the returns of Councillors and designated persons in this manner facilitate the legitimate public interest in having access to the information, while respecting other considerations against disclosure including privacy.

Pecuniary Interest Return Documents