Agenda - Byron Shire Council - NSW Government

BYRON SHIRE COUNCIL
ORDINARY MEETING 9 MAY 2013 (68)
where appropriate, to assist members of the public to understand the decisions being made and
the reasons for those decisions.
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However, there is some personal information in DAs that should not be disclosed on council
websites due to privacy considerations. The Information and Privacy Commission of NSW are of
the view that councils should not disclose the following DA information on their websites:
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personal contact details of an individual, including personal phone/mobile numbers and
email addresses;
signatures on DA applications or submissions or objection letters;
personal financial information, e.g. credit card details;
health and medical information;
photos depicting people.
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Additionally under schedule 1(3)(2) of the GIPA Regulation the following information should also be
excluded:
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The plans and specifications for any residential parts of a proposed building, other than the
plans that merely show its height and external configuration in relation to the site on which it
is proposed to be erected; or
Commercial information, if the information would be likely to prejudice the commercial
position of the person who supplied it or to reveal a trade secret.
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Copyright
Councils should not publish or provide copies of documents under the GIPA Act to which copyright
is attached without the consent of the copyright holder. Section 6 of the GIPA Act has been
amended to reflect this. However, the fact that documents are subject to copyright does not stop
them being open access information: it just affects the way that councils should provide access.
With regard to copyright documents to which consent to copy or publish online has not been given,
councils could:
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provide ‘view only’ access;
consider asking for multiple copies of plans and reports;
provide copying facilities for the public to use, with a notice alerting people to copyright
obligations.
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In March 2013 amendments to the Environmental Planning and Assessment Act 1979 inserted a
new provision being Section 158A(1) which states:
A relevant person who is not entitled to copyright in a document that is part of a planning
matter is taken to have indemnified all persons using the document for the purposes of this
Act against any claim or action in respect of a breach of copyright in the document.
Section 158A(2) also sets out what constitutes a ‘planning matter’ and who the ‘relevant person’ is.
Section 158A(3) provides that a document is part of a planning matter if ‘it forms part of or
accompanies the planning matter, or is subsequently submitted by the relevant person in support
of the planning matter or is exhibited or made public in accordance with a requirement made by or
under the Environmental Planning and Assessment Act in relation to the planning matter.’
The indemnification provided by section158A of the Environmental Planning and Assessment Act
1979 (EPA Act) is wider than that previously provided by clause 57 of the Environmental Planning
and Assessment Regulation (now repealed) and also extends to the use of documents ‘for the
purposes of the Act’.
Ordinary Meeting Agenda 09/05/13