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 the following Open Access Information:

Annual Reports

Our Annual Reports include:

  • Financial and Auditors Reports
  • Bodies Exercising Functions Delegated by Local Authority.

Code of Meeting Practice

The Code of Meeting Practice is made under:

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.

 

Contracts Register

Council is required to publish a register of its contracts with private sector bodies valued at more than $150,000.  

It includes the: 

  • contractors name and any related company involved in the contract
  • start date and duration of the contract
  • goods and services to be provided under the contract
  • amount payable to the contractor, any renegotiation provisions, tender methods if applicable, and any payment provisions for operational or maintenance services under the contract.

Contracts Register(PDF, 289KB)

Council Meetings

Our Council Meetings page has information on Council:

  • meeting dates
  • agendas
  • business papers
  • reports
  • minutes
  • Code of Meeting Practice.

Council Plans (Integrated planning and reporting)

Our Integrated planning and reporting documents incorporate our community’s vision and plans for the municipality.

Council policies

These are available to download on our Policies page.

Delegations

Our register of the functions delegated to the General Manager, Mayor and officers of the Council.

Delegations register(PDF, 190KB)

 

Disclosure Log

A log of Formal Access to Information applications we've received that are likely to be of interest to the public.

Our Disclosure Log(PDF, 223KB) contains non-personal information only.

Pecuniary interest disclosures (Councillor 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).

Political donations

Go to the Electoral Funding Authority website for political donations lodged by:

  • candidates
  • groups
  • members of parliament
  • Councillors
  • political parties
  • political donors.

Returns of Interest of Councillors and others

Councillor and other Returns of Interest documents may be viewed free of charge by appointment at our Customer Service Centre. 

You'll need to complete an Informal Request for Information form(PDF, 571KB) first.

Voting register

Voting on all planning matters considered at Council meetings are required to recorded under Section 375A of the Local Government Act 1993.

Voting register(PDF, 390KB)

Voting register pre-2020(PDF, 2MB)

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).