From tomorrow the Government Information (Public Access) Act 2009 will come into play changing the way government information is made public and bringing significant changes to local government.
Palerang Council's Business Paper for tomorrow's meeting sets out the 'Draft Policy for Access to Information 2010' and 'Guidelines' for staff.
The report states "The NSW Government passed the GIPA Act 2009 on 29 June 2009. It replaces the Freedom of Information Act 1989 and repeals ss.12 and 13 of the Local Government Act 1993. GIPA significantly changes the way in which government agencies handle public information. A wide range of information must now be proactively released on agencies' websites, unless there is an overriding public interest against disclosure."
Government information will be available: through mandatory release on agencies' websites, proactive release, informal request, and formal application.
"The NSW Government set up an Office of Information Commissioner (OIC) to administer and provide independent oversight of the new right to information system and to facilitate the implementation of GIPA. The inaugural NSW Information Commissioner is Ms Deirdre O'Donnell. The OIC created a website at www.informationcommissioner.nsw.g ov.au to provide information and advice to assist agencies and the public, including: public interest considerations in favour of, or against, disclosure, agencies' functions, the public's rights, and publication guides.
The report also notes that "In practical terms for Palerang, being one of the fastest-growing local government areas in the State, proactive release of information under GIPA will entail a significant increase in workload. In particular, the uploading of all development applications in full, with their associated documents, such as planning reports, referrals, inspection reports and so on will be extremely time-consuming."
"The proactive release of information will also include the uploading of tape recordings of meetings on Council's website. The recordings should be in full and unedited, thus placing the onus on Councillors and members of the public to refrain from making any personal or defamatory remarks. However, as publisher of the information, Council will still be obliged to edit any part that would constitute a breach of privacy or defamation laws."
"The new GIPA Act will impact heavily on local government, particularly for councils like Palerang whose staff resources are already over-stretched. Considerable time and effort will be required to scan and upload the large volume of information now required to be released on the website. No funding has been provided by the State Government to assist agencies in implementing GIPA" says the report to Council.
Council's 2010/11 budget contains provision for the employment of a part-time officer to manage its obligations under GIPA.
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