What information can the City give me?
The Government Information (Public Access) Act 2009 (GIPA Act) provides members of the public with an enforceable right to access government information.
The right to access government information is restricted only when, there is an overriding public interest against its disclosure, when Copyright applies, or in other limited legislative exceptions.
We can release information to the public in four ways:
1) Mandatory Release
The GIPA Act requires that certain information must be made publicly available by us, this is referred to as 'open access information'.
We must include this information on our website and if this is not possible, access is provided in another way free of charge or at the lowest reasonable cost.
This information includes our policy documents, the information guide, a disclosure log, register of government contracts and other information specified by the GIPA Regulation 2018.
See details of Publicly available information
2) Proactive Release
Council must conduct yearly reviews to consider releasing more information to the public on our website or by any other means, either free of charge or at the lowest reasonable cost.
3) Informal Release
You can request that we provide specific information that is not publicly available nor proactively released on our website or by other means. We aim to release information without the need for a formal application. See how to Request access to information
4) Formal Release
If your informal request is denied by us you can make a formal request. See how to Request access to information
Understanding Copyright Prohibitions on the Release of information
Section 6(6) of the GIPA Act provides that nothing in section 6 or the GIPA Regulation requires or permits an agency to make open access information available in any way that would constitute an infringement of copyright.
This means that if providing access to open access information by, for example, providing a copy of a record would breach copyright, then access cannot be provided in this manner.
Copyright in Australia is governed by the Copyright Act 1968 (Cth). This is Commonwealth legislation and protects literary, dramatic, musical or artistic work among other things. The City holds Copyright works such as draft plans, final plans, professional reports, Surveyors reports, Architectural designs, construction plans, site drawings and manually drawn maps.
Copyright may be infringed by using copyright material without permission of the copyright owner. Using copyright material can include:
- reproducing the work (including by photocopying, copying by hand, filming, recording and scanning)
- making the work public for the first time
- communicating the work to the public (for example, via email, broadcasting or the internet).
The above uses are exclusive rights of the copyright owner and anyone who wants to use someone else’s material in any of these ways generally needs permission of the owner. The City of Coffs Harbour has not obtained permission to use Copyright works for any secondary purposes.
The City has consent to include Copyright works on the Development Tracker (DA Tracker) for a limited display period.
GIPA information guide
The Information Guide is produced pursuant to Section 20 of the Government Information (Public Access) Act 2009 (GIPA Act).
This document describes and identifies the following:
- the structure and functions of City of Coffs Harbour (the City)
- the ways in which its functions effect members of the public
- arrangements that enable members of the public to participate in the formulation of the City's policy development and the exercise of its functions
- the various kinds of information held by the City
- the kinds of information the City makes, or will make, publicly available
- the kinds of information that are, or will be, made publicly available free of charge and those kinds of information for which a charge is, or will be, imposed.
GIPA Information Guide(PDF, 567KB)
Property ownership information
The City of Coffs Harbour (the City) collects the personal information of property owners, for the stated purpose of issuing Rates and Charges pursuant to the Local Government Act, 1993.
In addition, property owners are advised via their rate notice that their personal information may be used by officers and agents of the City and other Government Agencies as required by law.
As the City's Rates Register is not a public register - property ownership information (including postal addresses) in most circumstances can't be released.
The exception is on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.
In this instance, the City's Public Officer is responsible for making these decisions and can be contacted on (02) 6648 4000.
Information about development applications
The City of Coffs Harbour (the City) uses a development application tracking system (DA Tracker) which the public can access to review development applications and check on their progress. The system does not provide access nor have the ability to allow the public to view supporting documents, for example application, plans, approval/consent etc.
You can search for recent development applications on DA Tracker and register to receive email or SMS alerts for DAs in your area by registering for planning alerts.
The following information relating to development applications is also prescribed as open access according to Schedule 1 of the Government Information (Public Access) Regulation GIPA Regulation:
- home warranty insurance
- construction certificates
- occupation certificates
- structural certification documents
- town planner reports
- submissions received on development applications
- heritage consultant reports
- tree inspection consultant reports
- acoustics consultant reports
- land contamination consultant reports
- records of decisions made on development applications (including decisions made on appeal)
The GIPA Regulation provides for the following exceptions to these open access information requirements:
- The plans and specifications for any residential parts of a proposed building other than plans merely showing its height and external configuration (however, the City will informally release the residential floor plans where the written consent of the property owner is provided)
- Commercial information, if the information would prejudice the commercial position of the person who supplied it or reveal a trade secret.
If the information you are searching for is not on our website, you can pursue it by making a Request to access information
Further information and any technical enquiries relating to current development applications can also be obtained by contacting the assessing officer handling the matter.
For further information please contact: GMGRPGovernanceServices@chcc.nsw.gov.au or melissa.mcanally@chcc.nsw.gov.au