Tag Archives: gipa act
The Changing Face of the GIPA Act and the Power to Refuse to Deal
The power in s 60 of the Government Information (Public Access) Act 2009 (GIPA Act) to refuse to deal with an access application is a power often under-utilised by public sector agencies. In this blog, we consider whether recent amendments to the … Continue reading
When should you decide a discount application for GIPA processing charges?
In the recent matter of Shoebridge v Office of Environment and Heritage [2018] NSWCATAP 144, the Appeal Panel of the NCAT considered whether a government agency was obliged to determine an application for a discount to a processing charge before … Continue reading
A “reasonable excuse” for delay in bringing an application for GIPA Act review
In a recent decision of the NSW Civil and Administrative Tribunal (NCAT), an application for review of an agency’s decision to refuse access to documents requested under the Government Information (Public Acccess) Act 2009 (GIPA Act) which was lodged out of time … Continue reading
Access to copies of DA plans (protected by copyright) under the GIPA Act
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 … Continue reading
Restraint Orders under the GIPA Act – an update
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 … Continue reading
Applicants restrained from lodging access applications under GIPA Act
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] … Continue reading
Review of the GIPA Act
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’?
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 … Continue reading
Copyright vs the GIPA Act
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 … Continue reading
ADT allows release of code of conduct investigation report
Further to our post on Hurst v Wagga Wagga City Council [2011] NSWADT 307, the Administrative Decisions Tribunal has recently handed down a judgement on the release of a local government investigation report into allegations of misconduct and maladministration.
