How to Access Council Information

Information sharing makes it easier for people to do business with Council and to learn about things that may affect them. It encourages the accountability of Council and helps people understand the decisions of Council.

Burwood Council is committed to the following principles: 

  • Open and transparent government
  • Consideration of the overriding public interest in relation to access requests
  • Proactive disclosure and dissemination of information
  • Respect for the privacy of individuals 

A lot information about Council can already be found on this website. Simply search the website to see whether the information you are seeking is already available. 

If the information you are after is not already available online, you may need to lodge an access request. See the information below about the various types of information requests. If you are unsure, please speak with our Customer Service team on 9911 9911 who can help you determine which application you require.

The GIPA Act and Regulation require certain information to be disclosed by Council, unless it is not in the public interest to do so. This is referred to as Open Access Information.

Wherever possible, Burwood Council tries to make Open Access Information available on this website. The table below shows the Open Access Information required by the the GIPA Act and Regulation and how you can access it. 

Type of Open Access Information

How to access

Agency Information Guide

Website

Policy Documents

Website

Register of Contracts

Website

Disclosures of interests

Website

Information contained in any document tabled in Parliament by or on behalf of Council (other than any document tabled by order of either House of Parliament)

Currently no relevant documents

The current version and most recent previous version of the following records:

The model code of Conduct prescribed under Section 440(1) of the Act and Council’s adopted Codes of Conduct under section 440(3) of the Act

Website

Code of Meeting Practice

Website

Annual Financial Report

Website

Annual Report

Website

Annual Reports of bodies exercising functions delegated by Council

Open Access request

Auditors Report

Contained in Financial Statements on Website

Agendas and Business Papers for any meeting of Council or any Committee of Council

Website

Community Strategic Plan, Resourcing Strategy, Delivery Program and Operational Plan

Website

Department representative reports presented at a meeting of Council

Website

EEO Management Plan

Website

Minutes of any meeting of Council or any Committee of Council

Website

Policy concerning the payment of expenses incurred by, and the provision of facilities to, Councillors

Website

Information contained in the following records (historical and current):

Register of current Declarations of Disclosures of Political donations

Website

Register of Delegations by the General Manager

Website

Register of Delegations from Council to the General Manager

Website

Register of Investments

Included in Council Meeting Agenda each month: Website

Register of Voting on Planning Matters

Website

Returns of the interests of Councillors, designated persons and delegates

Website

Information contained in the current version of the following records:

Land register

Website

Register of investments

Included in Council Meeting Agenda each month: Website

Register of Delegations by the General Manager

Website

Register of Delegations from Council to General Manager

Website

Register of graffiti removal work kept in accordance with section 13 of the Graffiti Control Act 2008

Open Access request

Register of current declarations of disclosures of political donations kept in accordance with section 328A of the LGA

Website

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

Website

Information contained in the current version and the most recent previous version of the following:

Local Policies adopted by Council concerning approvals and orders

Website

Plans of Management of Community Land

Website

Environmental Planning Instruments, Development Control Plans and Contribution Plans

Website

Information contained in the following records (historical and current)

Development Applications and any associated documents received in relation to a proposed development including:

Acoustic Consultant Reports

DA Tracker or Open Access request

Construction Certificates

DA Tracker or Open Access request

Heritage Consultant Reports

DA Tracker or Open Access request

Home Warranty Insurance documents

DA Tracker or Open Access request

Land Contamination Consultant Reports

DA Tracker or Open Access request

Occupation Certificates

DA Tracker or Open Access request

Records of decisions on Development Applications including decisions on appeals

DA Tracker or Open Access request

Records describing general nature of documents that Council decides to exclude from public view including internal specifications and configurations, and commercially sensitive information

DA Tracker or Open Access request

Structural certification documents

DA Tracker or Open Access request

Submissions received on Development Applications

DA Tracker or Open Access request

Town Planner Reports

DA Tracker or Open Access request

Tree Inspections Consultant Reports

DA Tracker or Open Access request

The above does not apply to information about development applications that consists of:

The plans and specifications for any residential part 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

Formal Access request

Commercial information, if the information would likely to prejudice the commercial position of the person who supplied it or to reveal a trade secret.

Formal Access request

Development applications made before 1 July 2010 and any associated documents received (whether before, on or after that date) in relation to the application.

Formal Access request

Information contained in the following records (historical and current)

Applications for approvals under Part 1 Chapter 7 of the Local Government Act 1993

Open Access request

Applications for approvals under any other Act and any associated documents received

Open Access request

Compulsory Acquisition Notices

Open Access request

Leases and Licenses for use of Public Land classified as Community Land. Performance improvement orders issued to Council under Part 6 of Chapter 13 of the Local Government Act 1993

Open Access request

Orders given under Part 2 of Chapter 7 of the Local Government Act 1993 and any reasons given under section 136 of the Local Government Act 1993

Open Access request

Orders given under the Authority of any other Act

Open Access request

Plans of land proposed to be compulsorily acquired by Council

Open Access request

Records of approvals granted or refused, any variation from Council Policies with reasons for the variation, and decision made on appeals concerning approvals

Open Access request

Records of Building Certificates under the Environmental Planning and Assessment Act 1979

Open Access request

 

Proactive release of information goes beyond the minimum statutory requirements to publish certain information on the Council website under its mandatory disclosure obligations. It is a more efficient and more effective means of sharing information that supports community participation in Council processes and decision making.

Burwood Council generates and collects a great deal of information as part of exercising its many and varied functions. Council has a Proactive Release Program in place, which seeks to identify high interest and/or significant information that should be added to information that is already widely accessible. The Program involves the active review of public interest in Council affairs at least once a year. Council is also mindful of building proactive release principles into its corporate governance systems so that service design and review processes support this.

Most commonly sought information is available on this website. Search the website or use the table in the section "Mandatory Disclosure of Open Access Information" on this page to see whether the information you are after is already publicly available.

If the information you are after is not available, you may submit an informal request for the information under Section 8 of the GIPA Act

Council will release government information unless there is an overriding public interest against disclosure. While there is no mandated deadline for assessing informal applications, Council aims to provide complete informal requests for information within 20 working days.

Note that certain information can only be accessed through a Formal Access Application.

Click here to submit an Informal Release Application

Open access information is either already available on this website or is available through Informal Release. For other information, a Formal Access Application is required.

Formal Access Applications are dealt with in accordance with Part 4 of the GIPA Act, which sets out the applicable processes, timeframes, and fees. Formal Access Applications are finalised within 20 working days. Application and processing fees and details are available on this page. 

If you are refused access under a Formal Access Application, you may request a review or appeal the decision. See the "Rights of Review" section on this page.

Click here to submit a Formal Access Application 

Under Section 64 of the GIPA Act, Council charges certain fees as outlined in the table below.

Application Charge

Application Fee

Processing Charge

Open Access (Informal) Application

Nil

Nil. However, copying charges may apply.

Formal Application

$30

$30 per hour calculated after the first hour

Section 65 of the GIPA Act provides that processing charges may be subject to a 50% reduction for financial hardship.

 

View Burwood Council's Fees and Charges 2023-2024

Where a member of the public is refused access under the GIPA Act, Council Officers will provide details of the reasons for refusal in writing. An applicant who has been refused access to information requested under a Formal Access application under the Section 80 of the GIPA Acthas three options for review available:

  1.  Applicants can apply to Council for an internal review. The review is conducted by someone more senior than the original decision maker and there is a $40 application fee. Applicants have 20 working days from receiving notice of a decision to ask for an internal review.
  2. If an applicant is not satisfied with the internal review, or does not want one to be conducted by Council, they can ask for an external review by the Information Commissioner. Applicants have 40 working days from being notified of a decision to ask for this review.  
  3. If an applicant is not satisfied with the decision of the Information Commissioner and/or the internal reviewer, or if they do not want to take these options, they can apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. Applicants have 20 working days from a review by the Information Commissioner or 40 days from an internal review by Council to ask for a review by NCAT.

It is noted that there are no rights of review in respect of open access applications, but the applicant may make a formal application at any time.

Click here to request an internal review here to request an internal review of a decision made under the GIPA Act.

Click here for information provided by the Information and Privacy Commission about other review processes. 

The Agency Information Guide has been prepared in accordance with Section 20 of the GIPA Act and is reviewed annually.

The guide:

  • Outlines Council's structure and functions
  • Outlines the right of the public to participate in the formulation of policy
  • Identifies the various kinds of information held by Council
  • Identifies information that is publicly available 
  • Identifies where a charge is imposed.

Burwood Council Agency Information Guide(PDF, 54MB)

The disclosure log is prepared in accordance with Section 25 of the GIPA Act and includes the details of information released in response to Formal Access applications.

Click here to view the current Disclosure Log(PDF, 220KB)

Under the GIPA Act, when deciding whether or not to release information, Council must consider whether there is an overriding public interest against releasing the information.

Section 6(5) of the GIPA Act requires Council to keep a record of Open Access Information that it does not make publicly available on the basis of an overriding public interest against disclosure. This record needs to indicate the general nature of the information concerned. 

Burwood Council's record under Section 6(5) is outlined below. 

  • Personal information contained in records received in relation to a proposed development is redacted to ensure compliance with the Privacy and Personal Information Protection Act 1998 (PPIP Act). This information is redacted to enable the remainder of the record to be released as permitted by s6(4) of the GIPA Act and in accordance with Open Access requirements.
  • The principal place of residence and signatures contained in the declarations of interests by councillors and designated persons are redacted to enable the remainder of the record to be released as permitted by s6(4) of the GIPA Act and in accordance with Open Access requirements.
  • Submissions received on Development Applications lodged after 1 July 2010 are currently only made available on the DA Tracker on Council's website where the staffing resources are available to redact any personal information contained in those submissions. This is to ensure compliance with the PPIP Act. Where those submissions are not available on the DA Tracker, they can be accessed by submitting an Informal Request for Access to Information. 

Record updated: 15 January 2023

Even though Council has extensive obligations under NSW legislation to release information it holds, it must also abide by the Copyright Act 1968 administered by the Australian Government.

This means that the form of access to information may be restricted to being able to view the document, rather than receiving a copy. Examples of information that fall into this category include building designs, construction plans, consultant reports and various technical publications.

The Copyright Act protects intellectual property rights, which are automatically created when literary, dramatic, musical, artistic and other works covered by the Act are created. This means copyright may be infringed by using copyright material without the permission of the copyright owner. Significant penalties for breaches can be applied.

Restrictions on use under the Copyright Act include reproducing material, making the material public for the first time and communicating the material to the public e.g. via email or the internet.  Reproducing material includes photocopying, copying by hand, photographing, filming, recording and scanning.  Such uses are exclusive rights of the copyright owner. Therefore, anyone who wants to use the material of others in such ways generally needs the permission of the owner.

If Council can supply copies of documents without breaching copyright provisions, fees for copying the material may apply.  Details on fees are outlined in the Burwood Council Fees and Charges(PDF, 1MB) policy.

Where a document is subject to copyright and Council holds information about the copyright owner, Council will share that information with the applicant to assist them with seeking copyright approval from the owner, if desired. 

It is noted that the publication of plans and technical reports on the DA Tracker as part of a planning process does not breach copyright because that publication is specifically indemnified under the section 10.14 of the Environmental Planning and Assessment Act 1979 but only for the purposes of that Act. In the case of an access application under the GIPA Act, sections 6(6) and 72(2)(c) of the GIPA Act make it clear that the GIPA Act does not override copyright and Council is unable to make copies of those plans or technical reports, even if they were previously part of a planning process. However, Council can provide you access to view such material without breaching copyright.

The Government Information (Public Access) Act 2009 (GIPAA) came into effect on 1 July 2010 and replaced the former Freedom of Information Act.

The GIPA Act:

  • 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.

Government Information (Public Access) Act 2009 No 52 

The Government Information (Public Access) Regulation 2018 outlines the requirements for implementation of the GIPA Act. Schedule 1 of that Regulation outlines additional open access requirements for local councils.

Government Information (Public Access) Regulation 2018

Find out more from the Information and Privacy Commission of NSW (IPC).  

The IPC has been established to oversight privacy and access to information in NSW.  A key function of the IPC is to increase public awareness and understanding of the right to information law as well as provide agencies and the general public with information, support, advice, assistance, and training.

To contact the IPC: 

Go to the website at http://www.ipc.nsw.gov.au 

Email an enquiry to ipcinfo@ipc.nsw.gov.au