BACKGROUND OF LEGISLATION

The NSW Freedom of Information Act, 1989 (FOI) came into effect on 1 July 1989. The purpose of the Act is to allow the public access to documents held by an agency such as Gosford City Council.

APPLICATIONS

Applications must be made in writing to Council clearly stating that it is a Freedom of Information request and include sufficient information to enable the correct document(s) to be identified.

Application and appeals forms are available for download from the forms gallery section of this site.

Alternatively an application form is available at the General Information Services Counter on the Ground Floor of Council's Administration Building at 49 Mann Street, Gosford, or by Telephone - (02) 4325 8200.

FEES

Council fees and charges policy provides a fee of thirty dollars ($30) or fifteen dollars ($15) for pensioners. A FOI application cannot be processed prior to receipt of the fee.

If the applicant (including any corporation) has no direct association with the information required (eg: is not the Building or Development applicant, objector or the person who is subject of a complaint to Council) then Council may charge an additional research and photocopying fee which is thirty dollars ($30) per hour.

If the additional fee is appropriate, the FOI applicant will be informed and a deposit will be required prior to the additional work being undertaken. Notwithstanding the above, most applications can be dealt with for the thirty dollars ($30) standard fee.

NOTIFICATION OF THIRD PARTIES

When handling a FOI request Council is obligated to write to all third parties giving them seven (7) days to lodge an objection to the release of the requested document or submission. An objection by a third party should state a clear reason to withhold the subject document(s) as defined in the FOI Act -Exempt documents - Schedule 1. The application will be referred to Council's appropriate Director for determination. If there is no exemption or objection, the release of the document(s) will be approved.

Following determination, the applicant and any third party, that has lodged an objection, is advised in writing that they have twenty-eight (28) days to lodge an internal appeal against the Director's determination. It is advised that the onus is on them to provide reasons as to why the document(s) proposed to be released are seen to be exempt document(s) under the terms of the FOI Act. If a party wishes to lodge an appeal, thereby requesting an internal review of Council's initial determination, a fee of forty dollars ($40) (twenty ($20) for pensioners) is applicable.

If there is a third party appeal release of the documents will be withheld pending resolution of that internal appeal. The document(s) will be released to the applicant when Council is notified by the third party in writing that no appeal will be forthcoming or at the end of the twenty-eight (28) day period.

FURTHER APPEAL PROCESSES

If a request for a Council internal review is lodged following the initial determination, the determination of the appeal is made by Council's General Manager. If this determination is still not to the satisfaction of the FOI applicant or third party, an external appeal to the Ombudsman of New South Wales is available.

A judicial appeal is available to the Administrative Decisions Tribunal (ADT). Your Solicitor should advise you on this procedure.

QUESTIONS COMMONLY ASKED

• What documents are subject to Freedom of Information requests?

All documents contained in Council's files are subject to FOI requests. This includes letters to and from Council, memorandums and Council reports.

• What type of documents are exempt under the FOI provisions?

In general terms the documents most likely to be exempt from release are: documents affecting law enforcement and public safety, documents affecting personal affairs, internal working documents, confidential reports to Council containing legal opinions and documents pertaining to current legal cases and documents Council receive where there is an obligation of secrecy.

• If a submission relating to an advertised development/building application or a complaint concerning a neighbour is lodged why is this not considered confidential by Council and therefore not released under FOI?

Council is obligated to comply with the FOI Act, which does not give Council any discretionary powers.

The person who lodged the submission or complaint (the third party) must identify that a document is covered by an exemption provision or it will be released. Even if it is an exempt document the Council may approve release of that document. For instance, the third party may provide details of current legal action between themselves and the FOI applicant or Court Order. (eg. Apprehended Violence Order (AVO) issued by the court) or current police action.

The fear of intimidation by the FOI applicant is not considered reason to refuse an FOI request but actual intimidation may be reason why the release of a document should be refused.

• How long will it take to acquire documents if I lodge an FOI application - can the matter be dealt with urgently?

The FOI Act contains statutory time restrictions for dealing with FOI requests. The initial determination should be made within twenty-one (21) days with a possible fourteen (14) day extension if required. FOI applications are given urgent attention to meet the statutory requirements.

Most applications are finalised within twenty-one (21) days. On occasions some documents are released but others which are subject to third party objection(s) are withheld pursuant to the appeal procedures.

However, when extensive research of files is required to service the request or numerous third parties have to be notified Council can evoke the fourteen (14) day extension by informing the FOI applicant it is required.