With the increasing use of CCTV cameras to monitor and record activities, media organisations and others are increasingly seeking access to that information. A recent NCAT decision considers whether the CCTV is ‘personal information’ and whether it should be released…
In a period of a week, the NSW Civil and Administrative Tribunal (NCAT) has handed down two judgements addressing whether a person should have access to copies of plans received by a Council as part of a development application. The…
Restraint Orders under the GIPA Act – an update
7 Jun, 2016
Last year, LTL wrote about a decision of the NSW Civil and Administrative Tribunal (Pittwater Council v Walker) in which restraint orders were made under s110 of the Government Information (Public Access) Act 2009 (GIPA Act) preventing Mr Walker from lodging access applications…
In two recent cases, the New South Wales Civil and Administrative Tribunal (Tribunal) has made orders (Restraint Orders) restraining individuals from making access applications to Councils, without first obtaining the Tribunal’s permission. The decisions in Pittwater Council v Walker [2015]…
Review of the GIPA Act
30 Jul, 2014
Councils and public sector agencies are reminded that a review (Review) of the Government Information (Public Access) Act 2009 (GIPA Act) is currently being undertaken. Any council or agency wishing to make submissions to the Review must do so by 29 August 2014.
Is an Opinion on a DA ‘personal information’?
30 May, 2013
In Donnellan v Ku-ring-gai Council [2013] NSWADT 115, the Administrative Decisions Tribunal considered a claim that access to submissions on a development application (DA) should not be granted to the proponent of the DA under the Government Information (Public Access) Act…
Copyright v EPA Act – have things changed?
3 Apr, 2013
In April 2012, LTL wrote about some of the difficulties faced by local councils in fulfilling their obligations to make certain information, such as development applications (DAs) and accompanying documents, publicly available, whilst at the same time avoiding a breach of copyright…
Copyright vs the GIPA Act
30 Apr, 2012
In March 2012, the Office of the Information Commissioner (‘OIC’) issued a ‘knowledge update’ on ‘Copyright and compliance with the GIPA Act’ (‘the Update‘). The Update discusses advice received by the OIC on the relationship between the obligations upon local…
On 22 December 2011, Judicial Member Molony delivered his decision in the case of Hurst v Wagga Wagga City Council [2011] NSWADT 307 concerning review of a decision of the Wagga Wagga City Council under the Government Information (Public Access)…
The Office of the Information Commissioner, which oversees the implementation of the GIPA Act, has published guidelines regarding when processing charges for access applications should be discounted.
Review of GIPAA Decisions Made by Councils – Planning meetings in the Administrative Decisions Tribunal
10 May, 2011
Under the Government Information (Public Access) Act 2009 (GIPAA), a person who is aggrieved by a reviewable decision of a Council, such as a decision not to provide access to information, may apply to the Administrative Decisions Tribunal (ADT) for a review…
The Government Information (Public Access) Act 2009 (GIPA Act), has made it easier for a person to access local councils’ agendas, business papers and minutes of closed parts of council meetings. This is because the GIPA Act states that there is…