Agenda - Byron Shire Council - NSW Government

BYRON SHIRE COUNCIL
ORDINARY MEETING 9 MAY 2013 (67)
Background
5
At the Ordinary meeting held on 22 March 2012, as a result of a notice of motion, the following
resolution was made:-
12-195 Resolved:
That Council receive a report that:
10
15
20
25
30
35
40
45
a) Clarifies the justification and determination for not making available to the community the
opportunity to make copies and/or view development application information as it is currently
practised by Byron Shire Council.
b) Define opportunities for making information available and expanding the openness,
accountability and transparency of information on-line and in hard copy.
c) Provide information on how individuals can access information on their own properties
including historical records, development approvals and information for prospective
purchasers or real estate agents to provide for pre-sale due diligence. (Barham / Morrisey)
The issue of copyright and compliance with the GIPA Act has previously been clarified in the Office
of the Information Commissioner’s information sheet of April 2011. This information sheet
specified:
Local councils should not publish any copyright material on websites or provide any copies
(including be email) under the GIPA Act unless the copyright owner has expressly
consented.
However the Office of the Information Commissioner (OIC) has also advised that councils could
continue to allow for “view only” access to fulfil their functions under the Environmental Planning
and Assessment Act 1979 and rely on the indemnity in clause 57 of the Environmental Planning
and Assessment Regulation 2000.
The use of “view only” access to copyright material is also consistent with legal advice previously
obtained by Council.
On 19 March 2012, the Government Information (Public Access) Amendment Act 2012 (NSW)
commenced which made amendments to the Government Information (Public Access) Act 2009
(GIPA Act). The amendments were minor and technical in nature and did not modify the object of
the GIPA Act however included amendments in the area of open access information and copyright.
In May 2012 the Information and Privacy Commission of NSW further clarified the issue of open
access information obligations under the Government Information (Public Access) Act 2009 (NSW)
(GIPA Act) and Government Information (Public Access) Regulation 2009 and concerns that can
arise about the release of personal information, and issues around copyright.
http://ipc.e-newsletter.com.au/link/id/zzzz4fa0d1b042821958/page.html#zzzz4f9f64f03d04b101
The key issues are summarised below:
50
55
Personal information on council websites
Development Application (DA) information remains open access information and therefore must be
disclosed via the methods set out in the GIPA Act and Regulation, unless there is an overriding
public interest against disclosure. Just because DAs contain personal information about applicants
and people making submissions does not mean that certain information should not be disclosed.
Councils should disclose as much DA information as possible, including personal information
Ordinary Meeting Agenda 09/05/13