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On 1 July 2010, new legislation came into effect, replacing the former Freedom of Information Act and Section 12 of the Local Government Act.
This legislation requires Council to proactively release information where possible, acknowledging the right of members of the public to have access to our information providing there is no overriding public interest against disclosure. At all times, the presumption is in favour of disclosure.
The GIPA Act:
The Access to Information Policy outlines Council's principles regarding public access to information.
The Government Information (Public Access) Act 2009 provides for Council information to be released in four ways:
Mandatory DisclosureThis information is made available on Council’s website and is available free of charge, for example Council policies, meeting agendas and minutes, media releases and annual reports etc - Open Access Information (Sec 18 GIPA 2009 and Schedule 1 Part 2 of GIPA Regulations).
Voluntary DisclosureCouncil is encouraged to make as much information of public interest as possible publicly available, free of charge or at minimal cost. Exmaples include frequently requested information or information of public interest.
Informal ReleaseOther information held is authorised to be released in response to an informal request, subject to any reasonable conditions that Council may wish to impose. If you are enquiring about property related matters or need to contact the owners of a property for a dividing fence or a tree issue , please use the following form Access for Information Form (Open Access - Informal Application).
Formal AccessThe release of all other information not made available by either mandatory, proactive or informal release can be made by way of a Application for Information (Formal Application). Standard fees and charges and time frames are applicable for such applications. Examples include personal information relating to a third party where consultation is required or where information is of a confidential nature. Application for Information (Formal Application) (Online form)
Internal Review Form (Formal Application)You have the right to request a review of certain decisions made by government agencies about the release of information under the Government Information (Public Access) Act 2009 (GIPA Act). You have 20 working days from the date of the decision to ask for an internal review. Standard fees and charges and time frames apply.Internal Review Form (Formal Application) (Online form)
Information currently available to the public free of charge by way of open access (other than for photocopying) is as follows:-
Agency Information Guide S.18(a)
Policy Documents S.18(c)
Disclosure Log (former Bankstown City Council)
Disclosure Log (former Canterbury City Council) S.18(d)
Disclosure Log (Canterbury-Bankstown Council)
Contracts Register (former Bankstown City Council) Contracts Register (former Canterbury City Council) S.18(e)
(1) Information contained in current version and most recent previous version of the following records is prescribed as open access information:
(a) Code of ConductCode of Conduct - Procedures for the Administration of the Model Code of Conduct
(b) Code of Meeting Practice
(c) Annual Report
(d) Annual Financial Reports
2019-20 Annual Financial Statement2018-19 Annual Financial Statement2017-18 Annual Financial Statement2016-17 Annual Financial Statement
Former Bankstown City Council
2015/16 Annual Financial Statements2014/15 Annual Financial Statements2013/14 Annual Financial Statements2012/13 Annual Financial Statements
Former Canterbury City Council
2015/16 Annual Financial Statements
(e) Auditor’s Report
Included in Annual Report
(f) Management Plan
Bankstown Community Plan 2023Delivery Program 2018-2021Operational Plan 2019-20Workforce Strategy 2018-2021Asset Management Strategy 2019-2029Long Term Financial Strategy
(g) EEO Management Plan
(h) Councillor Expenses and Facilities Policy
(i) Annual reports of bodies exercising delegated Council functions
No bodies exist which have delegated council functions
(j) Any Codes referred to in the Local Government Act
Application ServicesPlanning Controls and Policies
(2) Information contained in following records (whenever created) is prescribed as open access information:
(a) Returns of Interest of Councillors, Designated Persons and Delegates
For current year returns, click here
For historical returns, complete this form and submit to Council Open Access Application
(b) Agendas and Business Papers of Council and Committee Meetings (not including business papers for matters considered when part of a meeting is closed to the public)
These include current year and previous 7 years Requests for business papers prior to those on the website require an Open Access Application - Complete form and submit to Council
(c) Minutes of Council and Committee Meetings Please note that, in the case of any part of a meeting that is closed to the public, the Minutes are restricted to the resolutions and recommendations of the meeting
These include current year and previous 7 years Requests for business papers prior to those on the website require an Open Access Application
(d) Departmental investigation reports presented at a meeting of Council in accordance with section 433
As of 1 September 2016 there has not been any investigations made
(3) Information contained in the current version of the following records is prescribed as open access information:
(a) Land Register
For enquiries relating to the Land Register please contact the Public Officer on 9707 9531
(b) Register of Investments
(c) Register of Delegation
(d) Register of graffiti removal work kept in accordance with section 13 Graffiti Control Act 2008
Open Access Application
(e) Declarations of Disclosures of Political Donations
Website – NSW Election Funding Authority
(f) Register of Voting on Planning Matters (from October 2008 to present)
Information contained in the current version and the most recent previous version of the following records is prescribed as open access information:
(a) Local Orders Policy
(b) Plans of Management for Community Land
(c) Environmental Planning Instruments, Development Control Plans and Contribution Plans under Section 94A and 94B of the Environmental Planning and Assessment Act 1979
(1) Information contained in the following records (whenever created) is prescribed as open access information:
(a) Development applications (within the meaning of the Environmental Planning and Assessment Act 1979) and associated documents OIC Knowledge Update: Copyright and Compliance
Website – DA Tracking Online Associated documents include: (i) home warranty documents (ii) construction certificates (iii) occupation certificates (iv) structural certification documents (v) Council planner/assessor reports (vi) Submissions received (Open Access Application – Complete form and submit to Council) (vii) heritage consultant reports (viii) tree inspection consultant reports (ix) acoustic consultant reports (x) land contamination consultant reports Please note that these documents may be subject to Copyright and will not be available on the DA Tracker. Please ask to view documents at Council.
(b) Records of decisions on development applications
Website – DA Tracking Online
(c) Documents excluded from (a) above
See 2(a) and 2(b) below Associated documents do not include: (a) plans and specifications of residential parts of a proposed building other than heights and external configuration (b) commercial information if this will prejudice the commercial position of the person who supplied it or reveal a trade secret
(2) This clause does not apply to so much of the information referred to in sub clause (1) (a) 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
Open Access Application - Complete form and submit to Council
(b) commercial information, if the information would be likely to prejudice the commercial position of the person who supplied it or to reveal a trade secret
(3) A local authority must keep the record referred to insubclause (1) (c)
Council keeps a record of all informal and formal GIPA applications including those for excluded information under this clause
Information contained in following records (whenever created) is prescribed as open access information:
(a) Applications for Approvals under Part 1 of Chapter 7 of the LGA and any associated documents received in relation to these applications (S.68 applications)
(b) Applications for Approvals under any other Act and associated documents received in relation to these applications
(c) Records of approval or refusals, variations from local policies and reasons for variations, and decisions made on appeal concerning approvals
(d) Orders given under Part 2 of Chapter 7 of the LGA and any reasons given under s.136
(e) Orders given under any other Act
(f) Records of Building certificates under the Environmental Planning and Assessment Act 1979
(g) Plans of land proposed to be compulsorily acquired by Council
(h) Compulsory acquisition notices
(i) Leases and Licences for use of public land classified as community land
(j) Accessing Adjoining Owner Property Information
To facilitate a dividing fence matter under the Diving Fences Act 1991
To facilitate a tree matter in order to satisfy the Environmental Planning & Assessment Regulation 2000.
To facilitate neighbour notifications for approved complying development works of the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008).
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