PO
Box 456,
91 Hammond Ave,
Wagga
Wagga NSW 2650 Australia
Phone: 02 69220608
Fax: 02 69212241
Current Infrastructure Network
Open
access information and the Government Information (Public Access) Act
2009
The Government Information (Public Access) Act 2009 (GIPAA) replaces the Freedom of Information Act 1989.
GIPAA creates new rights to information that are designed to meet community expectations of more open and transparent government. It encourages the routine and proactive release of government information, including information held by the providers of goods and services contracted by government agencies.
For more information about GIPAA and accessing information held by Riverina Water, please select a link from the list below:
- What
is public access to government information?
- How
can I access the RWCC's information?
- Policy
documents and table documents
- Register
of government contracts
What is public access to government information?
The Government Information (Public Access) Act 2009 (GIPAA) replaces the Freedom of Information Act 1989.
GIPAA creates new rights to information that are designed to meet community expectations of more open and transparent government. The Act encourages the routine and proactive release of government information, including information held by the providers of goods and services contracted by government agencies.
The GIPAA establishes four ways for government information to be made available to the public:
1) Mandatory
disclosure of open access information
Agencies MUST publish certain information on their websites, free of charge
and available to anyone.
2) Proactive
release
Agencies are encouraged to release proactively as much government information
as possible, in an appropriate manner and free of charge (or at the lowest
reasonable cost)
3) Informal
release
Agencies are encouraged to release information in response to a request
without the need for a formal application, unless there are good reasons
to require one.
4) Formal
access application
In limited circumstances, access to information will require a formal
application. People have a right to access information in this way unless
the GIPAA provides a reason not to release the information.
How can I access RWCC's information?
1) Search the RWCC website
Riverina Water publishes a large volume of material on this website. Much information relating to Riverina Water's structure and functions is available to the public on this website or by contacting the relevant area of the organisation. This material will be free of charge or available at the lowest possible cost.
The Government Information (Public Information) Act 2009 requires that Government agencies must put certain information on their websites to be available to the public, free of charge. This is known as 'open access information' and includes:
- policy
documents
- publication guide
- disclosure log
- register of government contracts
- Annual reports
The information you are looking for may already be available on this website.
2) Make an informal request
If the information you need is not already published on the RWCC website, the organisation may still be able to release it to you on request, without your needing to make a formal application. This information may be released if there are no public interest reasons why it should be kept confidential. To make an informal application, contact the RWCC Administration Office on 02 6922 0608.
All policy documents must be made available unless there is an overriding public interest against disclosure (OPIAD). To determine if there is an OPIAD, the public interest test needs to be applied to each document.
After applying the public interest test, the General Manager needs to determine whether:
- a policy
document may be made available with deletions, or
- a policy document cannot be made publicly available because there is
an overriding public interest against disclosure
If a section of a policy document cannot be released, then a copy of the document with deletions should be posted on the website noting that it is an incomplete document.
3) Make a formal request
If you are seeking specific information which is not available on this website and not routinely provided by Riverina Water on request, you may apply formally for access to it. This involves making a written application and paying a fee. You can use our form. Complete it and send it in with payment to:
Access to
Information
Riverina Water
PO Box 456
Wagga Wagga NSW 2650
Applications must:
-be in writing
and sent to the address above;
-clearly state that you are making a request under the Government Information
(Public Access) Act 2009;
-enclose the $30 application fee (cheques and postal orders made out to
'Riverina Water County Council')
-nominate a return postal address in Australia for correspondence purposes;
and
-include as much specific information as necessary to enable RWCC to identify
the information you are looking for.
If your application does not include all these things, it will be invalid and cannot be processed. If that happens, the agency will let you know what you need to do to make your application valid.
If your application is valid, the agency will acknowledge receipt of the application within 5 working days and deal with your application within 20 working days. Under certain circumstances, an extension of time to complete the application can be obtained by the RWCC.
If the agency does not decide your access application within 20 days, it is considered 'refused'. The agency will refund your application fee and you will have the right to seek internal or external review. (This does not apply if an extension of time has been arranged, or where the agency is waiting for you to pay an advance deposit).
How much will it cost?
The basic fee under the Government Information (Public Access) Act 2009 is $30. Processing charges may be charged at $30 per each hour of processing an application. In some situations, the agency will require you to pay an advance deposit. The agency will let you know when this is required.
Applicants can apply for a 50 per cent reduction in processing costs on the grounds of financial hardship, or ask for the fee to be waived altogether if this information will be of special benefit to the public generally.
A Disclosure Log is a new requirement of the Government Information (Public Access) Act 2009. The Log is a record of information that RWCC has already released, often in response to a specific request from a member of the public or an organisation. This information could be of interest to other members of the public.
Applicants who make a formal application will be advised that information relating to the application may be made publicly available. Applicants may object to information being included in the disclosure log. The disclosure log will list details about an application without releasing any identifying information relating to an individual.
Riverina
Water's Disclosure Log can be accessed here.
The policy documents of Riverina Water can be found by clicking the name of the policies listed below:
SECTION
1 - CUSTOMER SERVICE
Policy
1.1 ACCOUNTS & AGENCIES
Policy
1.2 NEW CONNECTIONS
Policy
1.3 LEVELS OF SERVICE
Policy
1.4 MAINS CONSTRUCTION
Policy
1.5 PRICING
Policy
1.5.1 WATER PRICING
Policy
1.5.2 WATER ALLOCATION
Policy
1.6 PRICING (Chargeable) WORK
Policy
1.7 WATER FROM HYDRANTS
Policy
1.8 ADVISORY COMMITTEE
Policy
1.9 SUBTRACT WATER METERS
Policy
1.10 BACKFLOW PREVENTION POLICY
Policy
1.11 FIXED STANDPIPES FOR PUBLIC USE
Policy
1.12 PESTICIDE USE NOTIFICATION PLAN
Policy
1.13 PENSIONER CONCESSION REBATES
Policy
1.14 - DEFERRED PAYMENTS FOR RURAL EXTENSIONS
SECTION
2 - WATER QUALITY
Policy
2.1 FLUORIDATION
Policy
2.2 STANDARDS & MONITORING
Policy
2.3 CODE OF PRACTICE - PLUMB. & DRAINAGE
Policy
2.4 DRINKING WATER QUALITY MANAGEMENT POLICY
SECTION
5 - COUNCIL & COUNCILLORS
Policy
5.1 CODE OF CONDUCT
Policy
5.2 CODE OF MEETING PRACTICE
Policy
5.2.1 LEGISLATION - OPEN MEETINGS ACT & REG.
Policy
5.3 COUNCILLORS' EXPENSES & FAC.
Policy
5.4 COUNCIL FUNCTIONS & DELEGATION
Policy
5.5 COUNCIL SEAL
Policy
5.6 FREQUENCY OF MEETINGS
Policy
5.6.1 COUNCIL MEETINGS
Policy
5.7 AUDIT SERVICES
Policy
5.8 COUNCIL SEAL
Policy
5.9 MEMBERSHIP OF ORGANISATIONS
Policy
5.10 RESTRUCT. COUNCIL'S LOAN PORTFOLIO
Policy
5.11 ADMINISTRATIVE COMMITTEE
Policy
5.12 PRIVACY MANAGEMENT PLAN
Policy
5.13 RECORDS MANAGEMENT POLICY
Policy
5.14 WATER RESTRICTIONS (WSR-POL-1)
Policy
5.15 ACKNOWLEDGEMENT OF COUNTRY
Policy
5.16 PURCHASING
A 'publication guide' includes information about an agency's structure, functions and lists the kind of information that will be made publicly available.
The publication guide needs to state how information may be obtained from an agency and whether there is a cost for accessing this information.
The publication guide will provide the following information:
-Describes
the structure and functions of Riverina Water.
-Describes the ways in which our functions affect members of the public.
-Specifies arrangements that exist to enable members of the public to
participate in the formulation of Riverina Water's policies and the exercise
of our functions.
-Identifies the various kinds of information held by RIverina Water.
-Identifies the kinds of information Riverina Water makes, or will make,
publicly available.
-Identifies the kinds of information that are, or will be, made publicly
available free of charge and those kinds of information for which a charge
is, or will be, imposed.
Riverina
Water's Publication Guide can be accessed here.
Register of government contracts
Under the Government Information (Public Access) Act 2009, each Government agency is required to publish a register of all contracts valued at $150,000 or more which are entered into with a private sector entity for a project, goods and services or the sale, purchase or lease of rental property. Information must be entered in the register within 60 days after the contract, or contract variation becoming effective.
Riverina Water has not entered into any contract valued at $150,000 or more.
Open
access information not publicly available
The Government Information (Public Access) Act 2009 requires in section 6(5) that agencies must keep a record of any open access information that they do not make publicly available on the basis of an overriding public interest against disclosure. The record must indicate only the general nature of the information concerned.
When Riverina
Water decides that particular "open access information" should
not be publicly available, a record of the decision is made.
FAQs
What is the Government Information (Public Access) Act 2009 (NSW) (GIPA
Act) and how does it work?
The Government
Information (Public Access) Act 2009 (NSW) (GIPA Act) replaces the
Freedom of Information Act 1989 (NSW) and has repealed Section 12 of the
Local Government Act.
NSW government
agencies, including local councils are required to release information
as set out in the GIPA Act. In accordance with the GIPA Act.
Section 12
of Local Government Act 1993 - Repealed
With the commencement of the Government Information (Public Access) Act 2009, Section 12 of the Local Government Act 1993 has been repealed. The same information is now accessible under Schedule 1 of the Government Information (Public Access) Act 2009.
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 or by electronic process, or in any other manner
or by any other means. The knowledge of a person is not a record.
How do
I get government information?
There
are four ways in which government information will be available.
- Mandatory
release: This generally includes information found on this website.
Such as the Council's policy documents, current publication guide, disclosure
log and register of government contracts.
- Proactive
release: These are additional documents that are made available to
the public on this website.
- Informal
request: This is for specific information. Under the GIPA Act
Council can choose to release information without the need for a formal
access application. Access via this path may be subject to reasonable
conditions such as photocopying charges. Please complete an Informal (General)
Request Application Form and submit to Council.
- Formal
access application: If you haven't been able to obtain the information
you need through any other form of access you can a formal access application.
Unlike the informal request you have a legally enforceable right to be
provided with access unless there is an overriding public interest against
disclosure of the information. An application fee and processing charges
may apply. Please complete a Formal GIPA Application Form and submit to
Council with the application fee.
How is
my privacy protected under the Government Information (Public Access)
Act 2009 (NSW)?
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 anyway 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.
How do
I make a formal
application for information? How much does it cost?
Any person
can make a formal application for access to information held by Council.
This should be the last resort, after the informal avenues have been tried.
A valid formal application for access to government information must:
- be in writing;
- state that it is made under the Government Information (Public Access)
Act 2009 (NSW);
- have an Australian postal address for return correspondence;
- provide enough details to help the agency identify the information you
want; and
- enclose the application fee of $30.
If Council
decides to provide you with access to the information, you may be asked
to pay a further processing charge. Processing costs $30 per hour and
covers time needed to deal efficiently with the application. If you seek
access to your own personal information, the first 20 hours of processing
time are free of charge.
What can
I do if I can't afford to pay the fees?
Applicants
may be entitled to a 50% reduction of processing charges on financial
hardship grounds, or if the information requested is of special benefit
to the public generally. In order to apply supporting documentation, such
as a healthcare card, needs to be attached to the application. Alternatively
the scope of the search can be amended in order to reduce fees.
How will
an agency process my application?
Council
has up to five days from the day they receive your application to consider
it and let you know whether or not it is valid. If Council decides your
application is invalid it will provide you with reasonable assistance
to make a valid application.
Council will search its records for any relevant information that may
pertain to your requested scope. If applicable, Council will then send
you a cost estimate and request an advance deposit.
Council may need to consult other people, businesses or government bodies in order to ascertain if the information can be released. When consultation is completed, Council will provide you with the information unless there is an overriding public interest against disclosure (public interest test) or the information is excluded.
How long
will my application take?
Your
application should be processed within 20 working days, unless consultation
is required, if payment of advance deposit is pending or if you agree
to extend the time.
If Council
does not decide your access application within 20 days, unless otherwise
agreed, it is considered "refused". Your application fee will
be refunded and you may seek internal or external review of this refusal.
Can an
agency refuse my request for information? What are my review rights?
Agencies
can refuse your request if:
- the information
you have asked for is already publicly available;
- you have not paid a deposit;
- your request would take an unreasonable amount of time to process; or
- there is an overriding public interest against disclosure.
You have
three options if you have been refused access to information:
-Internal
review: You can apply to Council for an internal review. The review
will be conducted by someone more senior than the original decision maker.
There is a $40 fee and you have 20 working days from receiving notice
of a decision to ask for an internal review.
-Review by the Information Commissioner: If you are not satisfied
with the internal review, or do not want one, you can ask for a review
by the Information Commissioner. You have eight weeks from being notified
of a decision to ask for this review.
-Review at the Administrative Decisions Tribunal: If you are not
satisfied with the decision of the Information Commissioner or the internal
reviewer or if you do not want to take these options you can apply to
the Administrative Appeals Tribunal (ADT). If you have already had a review
by the Information Commissioner you have four weeks from notification
of the decision to make this application. If you haven't had a review
by the Information Commissioner you have eight weeks from notification
of the decision to make this application.
Is any
government information excluded?
The Government Information (Public Access) Act 2009 (NSW) provides
a list of excluded information that, in the public interest, must not
be disclosed.
Will other
people have access to the information released to me?
If
you receive information after making a formal application, and Council
believes that the information may of interest to other members of the
public, it will be available on the "disclosure log" which may
be downloaded. The disclosure log describes the information that was provided
to the applicant and, if it is available to other members of the public,
how they can access it.
You can object
to information being included in the disclosure log if it includes personal
information about you or about a deceased person that you personally represent;
the information concerns your business, commercial, professional, or financial
interests or research undertaken.
What is
in 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 an agency may take into account in favour of releasing
information.
Can Council
release information about my business?
Council may release information about your business in response to an
access application, however, the decision will be subject to the public
interest test. If an access application covers your business information,
Council must consult you to see whether or not you object to the information
being released. Your objection must relate to one or more of the five
public interest considerations against disclosure set out in the Act.
If Council
decides that, on balance, the public interests against disclosure outweigh
those for disclosure, then the information will not be released. If Council
decides to release your business information, despite your objection,
you have a right to have this decision reviewed under the Government Information
(Public Access) Act 2009 (NSW).
For further
information please visit or contact:
Office of
the Information Commissioner www.oic.nsw.gov.au
Email Council's
GIPA Information Officer at admin@rwcc.com.au
Contact Details
Riverina Water County Council
Ph: (02) 6922 0608
Fax: (02) 6921 2241
http://www.rwcc.com.au
admin@rwcc.com.au