What is the Government Information (Public Access) Act 2009 (NSW) (GIPA Act)?

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Information (Public Access) Act 2009 (NSW) (GIPA Act) replaces the Freedom of Information Act 1989 (NSW) and has repealed Section 12 of the Local Government Act.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 and 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Section 12 of Local Government Act 1993 - Repealed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of the Government Information (Public Access) Act 2009, Section 12 of the Local Government Act 1993 has been repealed.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 such as the Council's policy documents, current publication guide, disclosure log and register of government contracts. This information can be obtained on Council’s website.
• Proactive release:These are additional documents that are made available to the public on Council’s 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 a General Request Application Form (which may be downloaded at right) 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 (which may be downloaded from Council’s website) 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. Council will require you to pay up to 50 per cent of the expected processing charge in advance. This request will be in writing and will allow four weeks for payment. 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 on Council’s website. 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, 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), contact Council at the address shown below or download and submit the Application Form.

Contact Details

Bogan Shire Council

81 Cobar Street

Nyngan, NSW, 2825

Ph. (02)6835900

This email address is being protected from spambots. You need JavaScript enabled to view it.

Download Files

• Formal GIPA Application Form (Fee Included)
• Publication Guide (Currently under review)
• Informal GIPA  Information Access Request Form
• Disclosure Log
• Accessing Property Information / Development Applications

Community Events

Application for Community Event

General

Notification of Availability for Employment Form
Customer Request/Complaint Form
Application for Donation

Rates & Water

603 Certificate Application

Special Water Meter Reading Form
Pensioner Concession Application
Payment Arrangement Form
Change of Address Form
Request for Testing Water Meters
Water Connection Form

Water Disconnection Form

Rates and Water New Direct Debit Request

Hardship Rate Recovery Relief Application

Companion Animals

Change of Owner Form
Change of Address Form
Lifetime Registration Forms

Elections

Inclusion on electoral roll for not residential rate payers

Environmental Planning & Development

• BOG007_Review of Determination Application Form
  
• BOG008_Donations & Disclosure Form
• BOG010_Planning Certificate Application Form
• BOG012_Building Certificate Application Form
• BOG013_Swimming_Pool_Certification_of_Compliance_Application_Form
• BOG014_Statement of Environmental Effects
  
• BOG015_Development & Building Checklist
• BOG016_Development Application Guide
• BOG019_Request for DA-CC-CDC fees
• BOG020 Outstanding Notice 735A -Schedule 5- Sect 41- Application
• BOG021_Owners_Consent_Authorisation

Rates payments are payable on an annual or quarterly basis.

If you wish to pay your rates on an annual basis the due date will be the 31st of August each year. Quarterly installments are due on the following dates:

• 31st August 2022
• 30th November 2022
• 28th February 2023
• 31st May 2023

LIABILITY FOR RATES
Any person listed on a title who disposes of the related estate or interest in land continues to be liable to pay a rate or charge levied in respect of the land if the rate or charge was levied before the estate or interest was disposed of, or after the estate or interest was disposed of, but before the Notice of Transfer is given to Council.

PAYMENT IN FULL
If you intend to pay rates and charges in full (one single instalment payment), the instalment must be received by 31st August.

INSTALMENTS
Rates and charges can be paid by instalments as per the front of the rates and charges notice. Instalment notices will be sent out one month before payment is due. Sufficient time should be allowed to ensure payment is received on or before the due date.

LATE PAYMENTS AND INTEREST CHARGES
Amounts not received by the due date are subject to daily interest charges. If there are arrears of rates or charges shown on this notice, they will already be accruing interest and should be paid immediately. The due date for payment refers to the current instalment only and NOT to rates and charges in arrears.

ARRANGEMENT TO PAY RATES AND CHARGES
In certain circumstances, alternative arrangements for payment of rates and charges may be made, however interest charges will apply. Please contact Council’s Rates Officer if you have a problem with paying rates and charges by the dates shown on this notice. Failure to reach a mutually acceptable arrangement with Council may result in an escalation of the recovery process without notice and the potential for legal action to be taken at your expense.

PENSIONERS
Holders of Centrelink Pensioner or Department of Veteran Affairs Concession Card may be eligible for a rates rebate. In order to take advantage of this concession please contact council in person to complete a Pension Rebate application form. Should you become a Pensioner after the date of this notice, a rebate may apply proportionate to the number of full quarters remaining. Please note pension rebates are NOT shown on instalment notices.

POSTPONED RATES
If you live in a single dwelling on land that could be subdivided or developed, the rateable value of your land may be more than is usual for a single dwelling. If this is the case you may be able to postpone the payment of part of your rates.

CATEGORISATION
The Local Government Act 1993 requires all land to be categorised according to its use. There are four categories: Farmland, Residential, Business and Mining. If you disagree with the category or the use of the land has changed you must contact the Rates Officer, in writing, within 30 days to discuss how the category is to be reviewed or to lodge an appeal. Regarding change of category, see Section 524 (notice), Section 525 (application), Section 526 (appeal) of the Local Government Act.

NON-RATEABLE CLAIMS
A property may be non-rateable if it belongs to and is used in relation to the activities carried out by churches, schools, public hospitals, charities or public institutions, as per Sections 555 and 556 of the Local Government Act 1993.

CHANGE OF ADDRESS
It is the ratepayer’s responsibility to inform Council of any changes to their mailing address. In the interests of individual privacy Council requires all such changes to be made in writing, please use the Change of Address slip below.

ENQUIRIES
For assistance regarding rating matters please contact Council’s Rates Officer on
(02) 6835 9000 or visit www.bogan.nsw.gov.au and follow the ‘Your Council/Rates’ link

PAYMENT METHODS

BPAY

Payments can be made directly from your bank account by using telephone/internet banking or contacting your participating Financial Institution. Councils Biller Code and Customer Reference Number are located on the bottom of the notice.

Please ensure correct reference numbers are used or late payment interest charges may apply.

PHONE PAYMENTS

Credit card payments (MasterCard or Visa) can be made by phoning the Bogan Shire Council office (02) 6835 9000.

PAYMENT THROUGH MAIL

 Please detach the payment slip and return it together with yourcheque or credit card details to:

                                Bogan Shire Council

                                PO Box 221

                                NYNGAN  NSW  2825

DIRECT DEBIT

Arrangements can be made to pay rates and water by weekly, fortnightly, monthly or quarterly instalments from a nominated bank account.

PERSONAL PAYMENTS

Payments can be made between 8.00am and 4.15pm Monday to Friday at:

Bogan Shire Council

Administration Office

81 Cobar Street, Nyngan

Please note interest is charged on overdue amounts at 7.5% per annum calculated daily. Dishonoured cheque and returned payment fee of $20 will apply to any returned payments.

General Manager - Derek Francis

The corporate goal of the General Manager is to pro-actively manage the corporate affairs of Council to ensure an innovative, customer focused organisation, which enhances and promotes the unique character of Bogan Shire.

 Director Engineering Services 

The corporate goal of Engineering Services is to provide, develop and maintain the Shire's infrastructure assets in terms of its transport services (roads, footways, ancillary services), utility services (water, sewerage, drainage) and open space recreation facilities (parks, reserves, ovals, showground etc.) and to provide adequate resources to facilitate emergency service requirements.

The principal activities of the Engineering Services department include:

• Road maintenance

• Maintenance and reconstruction of footpaths and kerbs and gutters

• Stormwater management

• Flood levee maintenance

• Maintenance of Nyngan Aerodrome

• Water supply

• Sewerage service

Director Development and Environmental Services - Cathy Black 

The corporate goal of Development and Environmental Services is to promote, develop and maintain the natural and built environment and protect the community from risks to health and safety by properly monitoring buildings, swimming pools, development, food, waste services and facilitating services for a safe, clean, healthy and orderly environment which will in turn improve the quality of life for citizens of the Shire. Also to undertake timely and effective forward planning of the Shire land use and infrastructure requirements.

The principal activities of the Development and Environmental Services department include:

• Development applications

• Garbage collection and maintenance of waste disposal depots

• Building applications

• Subdivisions

• Health inspections

• Noxious weeds

• Dog control

• Swimming pool

• Maintenance of Council owned buildings

• Cemetery maintenance

• Maintenance of various parks, gardens and recreation areas

Director People and Community Services - Debb Wood

The corporate goal of People and Community Services is to provide a connected and cohesive community with opportunities for all residents, workers and visitors to fully participate in the educational, cultural and recreational activities which build a community. Also to stimulate and maintain economic growth and to build a strong local economy, supporting the development of local businesses and attracting people to the Shire.

The principal activities of the People and Community Services department include:

• Children’s services

• Medical Centre Services

• Library services

• Visitor Information

• Tourism

• Museums

• Economic Development

• Community Events

• Volunteer Group Support

• Work Health and Safety services

Director Finance and Corporate Services – Stephanie Waterhouse

The corporate goal of Corporate Services is to provide effective financial planning and reporting to ensure Council remains in a sound financial position, implement revenue policies which provide a fair and equitable distribution of the rate burden and maximise revenue from user charges, regulatory fees and contributions. Also to ensure effective use of information technology throughout all the operations of Council and to maintain effective administrative support to fulfil Council's broad range of services and activities.

The principal activities of the Finance and Corporate Services department include:

• Corporate planning

• Commercial/business activities management

• Risk Management services

• Public Relations

• Insurance Management services

• Facility bookings

• Telephone and Counter services

• Rating services

• Debtors and Creditors

• Financial planning

• Information Technology