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LOCAL GOVERNMENT ACT 1993 - SECT 12
What information is publicly available?
12 What information is publicly available?
(1) Everyone is entitled to
inspect the current version of the following documents free of charge: • the
model code prescribed under section 440 (1) and the code of conduct adopted by
the council under section 440 (3)
• the council’s code of meeting
practice
• annual report
• annual financial reports
• auditor’s
report
• management plan
• EEO management plan
• the council’s
policy concerning the payment of expenses incurred by, and the provision of
facilities to, councillors
• 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
and business papers for council and committee meetings (but not including
business papers for matters considered when part of a meeting is closed to the
public)
• minutes of council and committee meetings, but restricted (in the
case of any part of a meeting that is closed to the public), to the
resolutions and recommendations of the meeting
• any codes referred to in
this Act
• register of delegations
• annual reports of bodies exercising
delegated council functions
• development applications (within the meaning
of the Environmental Planning and Assessment Act 1979 ) and associated
documents
• local policies adopted by the council concerning approvals and
orders
• 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 land
• plans of management for
community land
• environmental planning instruments, development control
plans and contributions plans made under 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
• Departmental
representatives’ reports presented at a meeting of the council in accordance
with section 433
• the register of graffiti removal work kept in accordance
with section 67C.
(1A) Despite subsection (1) and the other provisions of
this Act, a person does not have the right to inspect so much of a development
application as consists of: (a) the plans and specifications for any
residential parts of a proposed building, other than plans that merely show
its height and its external configuration in relation to the site on which it
is proposed to be erected, or
(b) commercial information, if the information
would be likely: (i) to prejudice the commercial position of the person who
supplied it, or
(ii) to reveal a trade secret.
(2) Everyone is entitled to
inspect free of charge: (a) a document that was replaced by a current document
referred to in subsection (1), and
(b) if a document referred to in
subsection (1) is produced annually-the corresponding document produced for
the previous year.
(3) The documents may be inspected at the office of the
council during ordinary office hours.
(5) The council must allow inspection
of versions of the documents other than the current and immediately preceding
versions if those other versions are reasonably accessible.
(6) The council
must allow inspection of its other documents free of charge unless, in the
case of a particular document, it is satisfied that allowing inspection of the
document would, on balance, be contrary to the public interest.
(7) However,
subsection (6) does not apply to the part (if any) of a document that deals
with any of the following: (a) personnel matters concerning particular
individuals (other than councillors),
(b) the personal hardship of any
resident or ratepayer,
(c) trade secrets,
(d) a matter the disclosure of
which would: (i) constitute an offence against an Act, or
(ii) found an
action for breach of confidence,
(e) that part of a draft or adopted plan of
management that is the subject of a resolution of confidentiality under
section 36DA.
(8) For the purpose of determining whether allowing inspection
of a document would be contrary to the public interest, it is irrelevant that
the inspection of the document may: (a) cause embarrassment to the council or
to councillors or to employees of the council, or
(b) cause a loss of
confidence in the council, or
(c) cause a person to misinterpret or
misunderstand the information contained in the document because of an omission
from the document or for any other reason.
Note: Subsection (8) is in similar
terms to section 59A (Public interest) of the Freedom of Information Act 1989
.
Note: A council could also make copies of the documents available at other
places, for example, at libraries.
A council may have other information available for inspection free of charge:
for example, the rate record, the valuation list and the register of dog
registrations.
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