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Access to Information Frequently Asked Questions (FAQ)

A. Public Access To Information – Form?

Q1. How do I get access to Councils documents and files?

Fill out an Informal Access to Information Application Form and submit it to Parramatta City Council by mail, fax, e-mail or in-person.

Q2. Where do I obtain an Access to Information Application form?

You can download copy of the form by clicking on the link. Alternatively, attend Council’s Administration Building, 30 Darcy Street, Libraries or contact Council by phone and ask for a Informal Access to Information Application Form.

Q3. What if I want to access a document that is not listed on the form?

Obtain an Informal Access to Information Application Form and write a description of the documents next to the words, ‘Other’. If you have questions about the form, forward an e-mail to Council or contact Council by phone or fax.

Q4. How can I see the contents of a file?

Obtain an Informal Access to Information Application Form and under ‘Form of Access’, tick next to the words, ‘Inspect the Document(s)’ and submit it to Parramatta City Council by mail, fax, e-mail or in-person.

Q5. How can I access the objections or support letters (submissions) on a Development Application?

Obtain an Informal Access to Information Application Form and under ‘Information Required’ tick next to the words, ‘Submissions to DA’ and submit it to Parramatta City Council by mail, fax, e-mail or in-person.

Q6. Where do I send the Access to Information Application form?

Fax the form to Council on 9806 5917, deliver the form to Councils Administration Building, 30 Darcy Street Parramatta or e-mail to Council.

Q7. How long will it take to obtain documents or access files?

It may take up to 4 weeks (20 working days) to obtain certain documents under informal access.  Some of the documents listed on the form are readily available in a week, but most files are stored off-site and others require search time to provide appropriate documents.

Q8. What fees will I have to pay with my Access to Information request?

In accordance with the provisions of Section 18 of the Government Information Public Access Act 2009, there are no fees for accessing Council files and documents, although photocopying fees may apply ($0.70 per A4 page, $1.35 per A3 page). There are charges for copies of plans with varying costs, according to size. Fees will be charged on completion of the application.

Q9. How can I speed up my request?

Phone Council on 9806 5337 and speak to the Right to Information Officer who processes Informal Access to Information requests. Please be advised that where files are stored offsite, there may be delays to obtain them.

B. Public Access to Information – How Old?

Q10. How do I view or obtain a copy of ALL building plans if I am the owner?

(i) All building plans with exception to the internal floor layout are publicly available. The plans are usually located with the Records Unit or on Councils website (last 6 years). You should complete an Informal Access to Information Application Form and under ‘Information Required’, tick next to the words, ‘Plans’ and submit it to Parramatta City Council by mail, fax, e-mail or in-person.
(ii) You will need proof of ownership eg. Rates Notice, Contract of Sale
(iii) These plans will only be made available for viewing at the Council Administration Building, 30 Darcy Street Parramatta.

Q11. How do I view or obtain a copy of building plans (internal layout) if I am NOT the owner?

(i) You will require a letter of consent from the owner and should contact Council’s Right to Information Officer on 9806 5313 or by sending an e-mail to Council.
(ii) If you wish to inspect the basic internal layout of a proposed development so to make a submission to Council and the applicant of the DA has given permission as part of the notification process, you may only inspect the internal plans accompanying the DA application. You should complete an Informal Access to Information Application Form and under ‘Information Required’, tick next to the words, ‘Plans internal floor’ and submit it to Parramatta City Council by mail, fax, e-mail or in-person.

C. Access to Information – Availability

Q12. What documents can I view?

The types of documents that are available and may be copied under the Government Information Public Access Regulation 2009 may include, but are not limited to:

Some of the abovementioned information is also available on the Council website  

Some documents are available to be viewed but, under State legislation, cannot be copied. These include:

  • the residential roll of electors (as of the last election)
  • the resumes of candidates for election
  • building certificates (without building owner’s consent)
  • plans of buildings and developments, unless the copyright owner approves or unless part of a development application (see copyright exemption in Section 57 of the Environmental Planning and Assessment Regulation 2000, during Development Application notification period)

The Government Information Public Access Regulation 2009 allows inspection of documents in addition to those referred to above unless inspection is deemed by Council to be contrary to the public interest or a restriction applies as listed below.

Other documents available for view and copy under this clause may include but are not limited to:

  • Home owner warranty insurance documents
  • Building essential certification documents
  • Construction Certificates
  • Occupation Certificates
  • DA reports
  • DA submission letters (with limitations on personal information where author requests confidentiality on the basis of personal safety or suppression of personal details)
  • Complaints, with the personal details of the complainant censored
  • Structural certification documents
  • Heritage Consultants’ Reports
  • Tree Inspection Consultants’ Reports
  • Acoustics Consultants’ Reports
  • Land Contamination Consultants Reports

The following documents are protected by copyright and while viewing access is available, copies will require copyright owners consent:

  • Plans associated with development applications and/or construction certificates (other than residential configuration).

Copies of documents provided to members of the public are given for information purposes only and are provided by Council to meet its requirements under relevant legislation. Copyright laws still apply to each document. Copyright owner’s consent is required if any part of the document is used for any purpose other than information only.

Should you have any further questions relating to Council’s position on Copyright, please contact the Right to Information Officer on 9806 5313.

Q13. What documents will be withheld?

Under relevant legislation, access to some documents and information held by Council may be restricted if the document or part thereof, contains the following types of information:

  • trade secrets
  • a matter the disclosure of which may:
    • be contrary to law, or
    • give rise to action for breach of confidence
    • that part of a draft or adopted plan of management that is the subject of a resolution of confidentiality under Section 36DA.
    • documents which were submitted to, or are to be submitted to a 'Closed Session' of a Council Meeting

Schedule 1 Part 2 Section 3 (2) Government Information Public Access Regulation 2009 restricts access to internal configuration of residential developments but allows access to the height and external configuration of a building and other plans such as shadow diagrams and landscape plans.

D. Public Access to Information – Formal Access (GIPA Act)

Q14. What documents will require lodgement of a Formal Access to Information Application Form?

Public access to the following documents may be available after lodgement of a Formal Access to Information Application Form (and may require third party consultation):

  • Legal advice
  • Personnel (individual staff) matters
  • Complainant details
  • Individuals details on DA submissions where they claim personal safety issues
  • Council Lease documents
  • Successful Council Contracts
  • Successful Council Tenders
  • Insurance claims

Note that legal advice may be subject to legal professional privilege, that is, if it is advice from Council’s legal advisers relating to pending or threatened legal action by or against Council. If so, it is not normally available to be either inspected or copied.

Q15. How can I apply to see the documents listed in Q13?

You will need to complete a Formal Access to Information Application Form and pay the $30.00 application fee.  In some cases an Advance Deposit may be requested, where the work required to produce the documents will take many hours.

Q16. How do I obtain a Formal Access to Information Application Form?

You may obtain a form by attending Council’s Administration Building, 30 Darcy Street, Libraries, Council website or by contacting Council’s Right to Information Officer on 9806 5313. Fill out a Formal Access to Information Application Form and submit it to Parramatta City Council by mail, fax, e-mail or in-person.

Q17. How long will my Formal Access to Information Application take to process?

Formal Access to Information Applications are required by law to be completed in 20 working days.  If consultation with a third party is required, a further 10 to 15 working days extension is allowed.  You will receive a formal determination letter with your requested documents or reasons why a document has been withheld.

Q18. If I am not satisfied with the documents I have been given or with the fees I have been charged, can I appeal against the Right to Information Officer’s determination?

Yes, you can appeal against the determination by completing a Request for Review Application and paying a $40.00 review fee.  You may obtain a Request for Review Application form by attending Council’s Administration Building, 30 Darcy Street, Parramatta; Libraries, Council website or by contacting Council’s Right to Information Officer on 9806 5313.

This form together with any supporting documentation shall be forwarded to Council’s Chief Executive Officer to review the Right to Information Officer’s determination. Within 15 working days, you will receive a formal response letter with your requested documents or further explanation as to why the documents have been withheld.

Q19. What can I do if I am not satisfied with the determination of the Chief Executive Officer?

You may appeal to either the NSW Information Commissioner or the Administrative Decisions Tribunal. (GIPA legislation only allows appeal to these bodies, if you have made an initial Formal Access to Information Applicationand sought a Request for Review of determination).

E. Public Access to Other Information – Other Matters?

Q20. How can I obtain a property owners name and address?

Council will not release property owners’ details unless it is for the purpose or the Act under which it is kept. Any person requiring such information due to dividing fence or tree matters, MUST write to or email Council and justify their reason for obtaining the property owners details.  You can also apply for ownership information at the Land Titles Office on telephone 9228 6666.

Q21. What Council registers may I view?

The following registers maintained by Council are available for public inspection, as required by law.

  • Section 94 Register of Contributions (required in connection with approval of a development application)
  • Register of Development Applications
  • Register of Building Certificates
  • Register of Development Consents
  • Register of Construction Certificates
  • Register of Complying Development Certificates
  • Register of Subdivision Certificates
  • Register of Council Land
  • Register of Pecuniary Interests
  • Delegations Register
  • Roll of Occupiers & Rate paying Lessees
  • Non Residential Roll
  • Pollution Control Notices
  • Register of Skin Penetration Premises
  • GIPAA Disclosure Log
  • Returns of interests of Councillors and designated persons

In the case of any register that contains personal or health information Council reserves the right to satisfy itself that access by any person is for a purpose consistent with the purpose for which the register was created.

If you have any further questions about Councils’ Access to Information and associated processes or the newly introduced GIPA Act, please notify us by mail, phone, fax, in-person or email.

F. The GIPA ACT

Q22. What is government information?

Government information means information contained in a record held by an agency. Record means any document or other source of information compiled, recorded or stored in written form by electronic process, or in any other manner or by any other means. The knowledge of a person is not a record.

Q23. What is the public interest?

Before releasing government information Council must compare the public interest in accessing the information to the public information in refusing access to that information.

Council can only refuse access to information if the public interest against disclosure outweighs the general public interest in favour of disclosure. There are only limited and specific interests against disclosure that an agency can take into account. These are:

  • law enforcement and security
  • individual rights, judicial processes and natural justice
  • responsible and effective government
  • business interests
  • environment, culture, economy and other matters; and
  • secrecy and exemption provisions in other laws.

There is no limit to the matters Council may take into account in favour of releasing information.

Q24. How will Council protect my privacy under the GIPA Act?

Government information sometimes identifies people. Under the GIPA Act a record that would reveal an individual's personal information would not generally be disclosed unless there are strong public interest considerations in favour of disclosure.

In deciding whether to disclose personal information about you to a person applying for access to information, Council will consider whether you are likely to be concerned about the release of the information and whether those concerns are relevant to the public interest. If so Council will:

  • consult with you; and
  • take into account any objections you may have to the release of the information.

If the Council consults you and decides to release the information in any way, they:

  • must tell you of this decision and your right to have it reviewed; and
  • must not release the information while you still have the right to seek review.

Q25. Disclosure Log

In addition to open access information Council has an obligation to keep a record called a Disclosure Log. The Disclosure Log details information previously released to an applicant under a formal access application that Council considers would be of interest to other members of the public.

Council must record the following details about the application in its Disclosure Log:

  • The date the access application was determined
  • a description of the information released
  • whether any of the information is available to other members of the public; and
  • if so available, how and where it can be accessed.

The disclosure log does not have to include the following information:

  • information on an application for personal information regarding the applicant;
  • information about applications where factors involving the applicant were a consideration in whether or not the disclosure of the information was in the public interest.

Council will provide information on how to access these records as part of its Disclosure Log.

Q26. Contracts Register

Council is required under the GIPA Act to disclose information about contracts with the private sector. This information is published in a register of all contracts valued at $150,000 or more, which are entered into with a public sector entity for projects, goods and/or services, or the sale, purchase or lease of real property.

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