Your right to Council information

Overview

Council holds a large amount of current and historic information about the Municipality. 

We make this information available in line with the Government Information Public Access Act (2009) (GIPA Act).

Citizens have a legally enforceable right to access most of this information and Council is committed to ensuring access to information is open and freely available unless there is an overriding public interest consideration against disclosure of the information.

Under the GIPA Act, Council must have an Agency Information Guide(PDF, 7MB) which describes Council’s functions, responsibilities and organisational structure. 

This document aims to promote a better understanding of Council’s work in the community and to inform citizens of the ways they can participate in Council’s decision making process and to explain how Council Information can be accessed.

Read our Easy Read Version of Access to Information.(PDF, 2MB)

Public Officer

Our Public Officer is Sue Basa.

Sue can be contacted by phoning (02) 4232 0444 or by email: publicofficer@kiama.nsw.gov.au

Under Section 343 Local Government Act 1993, our Public Officer is subject to the direction of our General Manager.

In addition to assisting people to gain access to Council's public documents, our Public Officer may do the following:

  • deal with requests from the public concerning Council's affairs
  • receive submissions made to Council
  • accept service of documents on behalf of Council
  • represent Council in any legal or other proceedings.

Council's Public Officer also performs other functions as may be conferred or imposed by the General Manager, or under the Local Government Act.

Open Access Information

The GIPA Act requires us to release Open Access Information as below:

Annual Reports

Our Annual Reports include:

  • highlights and achievements we have made, and
  • how we have performed against our Community Plans.

 

Code of Conduct

Section 440 of the Local Government Act 1993 requires all councils within NSW to adopt a Code of Conduct. This Code prescribes the minimum ethical and behavioural standards for all Kiama Council officers to comply with. It promotes transparency and accountability and promotes community confidence in the integrity of the decisions Council makes.

Our Code of Conduct obligations for Council officials are separated into three codes:

The Procedures of the Administration of the Code(PDF, 670KB) can be read in conjunction with each Code of Conduct.

Code of Meeting Practice

A Council and a Committee of the Council of which all the members are Councillors must conduct its meetings in accordance with the Code of Meeting Practice adopted by the Council.

 The Code of Meeting Practice(PDF, 681KB) is made under:

 

 

Contracts Register

Council is required to maintain and publish a Contract Register in accordance with section 27 of the Government Information (Public Access) Act. The Register must contain any contracts with private sector bodies that are valued at more than $150,000.

 

Contracts Register(PDF, 67KB)

Council Policies

These are available to download on our Policies page.

Delegations

The General Manager has the responsibility to ensure services are delivered for the community and other stakeholders.  In order to provide this wide range of services, the General Manger, under section 378 of the Local Government Act 1993, delegates functions to various Council Officers.

Delegations register(PDF, 190KB)

 

Development Applications

Development Application information can be found on Council’s Development Application Tracker. If the information you are seeking is not available on DA Tracker an Informal Request for Information under the GIPA Act form can be completed and submitted to Council.

Requests for Development Application information prior to 2010 may require a Formal Request for Information to be submitted (fees apply).

Development Control Plan

Development Control Plans (DCPs) are documents that provide planning and building design guidelines for new development or alterations to existing development.

The purpose of our Development Control Plan 2020 is to specify Council's requirements for quality development and sustainable environmental outcomes on land in our Municipality.

The Kiama DCP 2020 applies to land to which the Kiama Local Environmental Plan (LEP) 2011 applies. 

Disclosure Log

Our Disclosure Log(PDF, 78KB) lists information provided by Council in response to Formal Access Applications under the Government Information (Public Access) Act 2009.

Applications that are likely to be of interest to members of the public are listed. Only non-personal information is shown.

Equal Employment Opportunity Management Plan

The aim of the Equal Employment Opportunity (EEO) Management Plan is to identify and facilitate the removal of systemic barriers to the participation and promotion of employment of EEO groups including:

  • Women
  • Aboriginal and Torres Strait Islanders
  • People whose first language was not English
  • People with a disability who require work adjustments.

The EEO Management Plan has been prepared in accordance with Section 345 of the Local Government Act (1993).

Equal Employment Opportunity (EEO) Management Plan(PDF, 1MB)

 

Local Environmental Plan

In NSW, each local government area has a Local Environmental Plan.

The Kiama Local Environment Plan (LEP) is our main planning tool. It contains our zoning and land use controls.

In the case of any inconsistencies, the Kiama LEP 2011 is overridden by the State Environmental Planning Policies.

 

Pecuniary Interest Disclosures (Councillors and Designated Persons)

Disclosures of Councillor and Designated Persons Pecuniary Interest must be made and lodged by Councillors and Designated Persons under Part 4 of the Model Code of Conduct.

These are available for inspection by appointment at Council's Customer Service Centre during normal business hours.

Copies may be made in accordance with the GIPA Regulation Part 2 (14) (b).

Plans of Management

Plans of Management categorise land, authorise leases or licenses and determine what development can take place. The key values of the land and its purpose are identified so they can be protected and enhanced. We ensure public consultation happens for Plans of Management before they are adopted.

Political Donations and Gifts

Under the Environmental Planning and Assessment Act 1979, people who make planning or development related applications to Council must declare political donations or gifts made to Councillors or Council staff.

Declarations are made to the NSW Electoral Commission.

You can search the register of Political Donations and Gifts on the NSW Electoral Commission website. 

Informal Request for Information

You may request access to Council information that is not readily available to the public by making an Informal Request under the GIPA Act.

Informal Request for Information form(PDF, 571KB)

There is no cost to make this type of application.

While Council aims to process this type of request as quickly as possible, there is no mandatory timeframe for an informal request. 

Decisions on informal requests for information under the GIPA Act are also not able to be reviewed by the NSW Information and Privacy Commission or the NSW Civil and Administrative Tribunal.

Formal Request for Information

If you can’t access Council information through the previous methods outlined, you will need to make a Formal Access to Information application.

Formal Access to Information form(PDF, 730KB)

Formal requests are often required for:

  • Large amounts of information;
  • When an in-depth search of records is required to identify documents you are seeking;
  • Information that includes someone’s personal or business details (other than your own personal information);
  • Other sensitive information; and
  • Development Application information for DA’s prior to 2010 (if the request will take longer than 2 hours to finalise).

An application fee of $30 applies to submit a Formal Request for Information and other processing fees of $30 per hour may apply. 

You may be eligible to seek a fee reduction in the processing fees under certain circumstances.

Generally, Council must determine a formal request within 20 days. 

You are also able to seek a review of Council’s determination of a formal request for information under the GIPA Act. 

Copyright

The Copyright Act 1968 (Commonwealth) may affect how Council provides access to information. 

Information that is subject to copyright may be made available by inspection only unless the copyright owner has provided Council written consent to provide a copy.

Most building plans and reports are protected under the Copyright Act, even if you are the current property owner, or the person who commissioned the plans or reports.

Building plans can be published on Council’s DA Tracker during the submission period of the Development Assessment only. 

We do this to meet our functions under the Environmental Planning and Assessment Act 1979. 

When the exhibition period ends, the plans and reports are removed from DA Tracker so as not to breach copyright legislation.

Adjoining Property Owners

Use this form to seek details of adjoining property owners.

Adjoining property owner details form(PDF, 356KB)

Council is not obliged to provide the contact details of adjoining property owners unless the request is made under the Dividing Fences Act 1991 or other justifiable reasons where there is an overriding public interest that the details be disclosed. 

The NSW Land Registry Services maintains a public register on land title records.

Visit NSW Land Registry Services website for more information (fees apply).