Freedom of Information (FOI) and Privacy Policy and Information
Below you will find information on Freedom of Information (FOI), Privacy and Section 12 (What Information is Publicly available).
Freedom Of Information
What is Freedom of Information Act?
In NSW, the Freedom of Information Act 1989 gives you the legal right to:
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Obtain access to information held as records by State Government Agencies, a Government Minister, local government and other public bodies;
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Request amendments to records of a personal nature that are inaccurate; and
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Appeal against a decision not to grant access to information or to amend personal records.
How do i request information?
Every day, government and other public bodies respond to many requests for general information from the public. This process will still be your first avenue of access to the information you wish to see.
To make an FOI request, however, take the following steps:
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Identify the information or document that you would like to see;
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Identify which agency or organisation is likely to keep that information. If you are unsure about the agency concerned, contact the agency's FOI officer or the Government Information Service. Remember, this is separate Freedom of Information legislation for other States and for the Federal Government (Commonwealth). NSW Government legislation does not cover other State or Commonwealth agencies;
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Write your request on an FOI application form (available from all government agencies) or in a letter and post or deliver it to the agency concerned;
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Provide as much information as possible about the document you wish to see, such as file reference numbers; and
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Enclose the $30 fee for your application.
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Agencies generally have 21 days to complete your applications, however this period may be extended if third party consultations are required.
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Sometimes processing fees may need to be charged to deal with applications. There are provisions for discounts to eligible applicants.
FOI PPIP Act
Privacy and Personal Information Protection (PPIP) Act 1998. Privacy is a fundamental Human Right
The NSW PPIP Act was implemented for the protection of personal information collected by public sector agencies, eg Councils. Privacy Legislation provides rights for individuals and responsibilities for organisations and business that hold personal information.
The PPIP Act specifically related to Informationheld by Council in various forms, including information stored electronically, whereas the Freedom of Information Act and the Local Government Act have provisions relating to documents held by Council.
PERSONAL INFORMATION
Definition
"Information or an opinion about an individual whose identity is apparent or can reasonably be asccertained
from the information or opinion. This information can be on database and does not
necessarily have to be recorded in a material form."
In recent times, it has been recognised that there must be systems in place to protect personal information. Increasingly, information about people has become a marketable commodity. For a variety of reasons, it is necessary for individuals to provide personal information to government and non-government bodies. Without some information, a Government agency or private company may no be able to deliver services. Government bodies are very large collectors and hoarders of personal information and for commercial reasons, this information can be of value to other parties.
In the past few decades, advances in information technology have increased the capacity of individuals and organisations to collect, store and manipulate information. Given this capacity, concerns exist about what is collected and how it is collected, its accuracy and security, who has access and whether the information is manipulated or transferred.
By the very nature of its activities, Local Government collects and holds a wide range of personal information on residents and ratepayers. The PPIPA 1998 required Councils to adopt a Privacy Management Plan as of 1 July 2000. A Privacy Code of Practice for Local Government was issued in June 2000 which modified the Information Protection Principles and operates in conjunction with the Privacy Management Plan.
Section 12 - What Information is Publicly available?
For those who wish to seek information that is publicly available to them about the NSW Local Government Act - Section 12, please visit Local Government. Act - Section 12
Contact details
Rhonda Stachiw - Public Officer
02 6770 3816 (ph)
rstachiw@armidale.nsw.gov.au
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Download files POL010-Corporate - Freedom of Information and application form (pdf 223 kb ) |
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