New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 12

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

• community strategic plan

• delivery program and operational 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

• 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

• the register of current declarations of disclosures of political donations to councillors kept in accordance with section 328A

• the register of councillor voting on planning matters kept in accordance with section 375A

• 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 13 of the Graffiti Control Act 2008 .

(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.