AGENCY INFORMATION GUIDE - KU-RING-GAI COUNCIL 818 Pacific Highway, Gordon NSW 2072 PHONE 02 9424 0000 FAX 02 9424 0001 EMAIL
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AGENCY INFORMATION GUIDE KU-RING-GAI COUNCIL 818 Pacific Highway, Gordon NSW 2072 PHONE 02 9424 0000 FAX 02 9424 0001 EMAIL kmc@kmc.nsw.gov.au www.krg.nsw.gov.au
Preface
The Government Information (Public Access) Act 2009 (GIPA Act) provides members of the public
with a right of access to government information. This Agency Information Guide has been prepared
by Ku-ring-gai Council in accordance with Section 20 of the GIPA Act. Council will review and adopt a
revised guide annually.
The purpose of this Guide is to provide members of the community, Council staff and the public with a
description of:
• Our agency’s structure and functions
• How our functions (in particular, the decision-making functions) affect members of the public
• How members of the public can participate in the formulation of Council’s policies, the
exercise of Council’s functions and provide feedback
• The types of government information and records held by Council
• The types of information we make available to the public, and how to access it
• The fees and charges that will need to be paid to access different types of information
This Guide is available on Council’s website, www.krg.nsw.gov.au.
Revision History
Version Number Version Start Date Version End Date Details and Comments
1 January 2020 January 2021 Major AIG review and update.
Adopted by GMD.
2 January 2021 Annual review incorporating IPC
assessment suggestions.
Ku-ring-gai Municipal Council 2 Agency Information Guide 2021
Contents
1. Introduction ...................................................................................................................................... 4
2. Structure and Functions of Council ................................................................................................. 4
2.1 About Ku-ring-gai Council ....................................................................................................... 4
2.2 Our Vision and Values ............................................................................................................ 5
2.3 Basis of Constitution ............................................................................................................... 6
2.4 Our Organisation and structures ............................................................................................. 6
2.5 Our Functions .......................................................................................................................... 9
3. How Council Functions Affect the Public.......................................................................................14
3.1 Service Functions ..................................................................................................................14
3.2 Regulatory Functions ............................................................................................................14
3.3 Ancillary Functions ................................................................................................................14
3.4 Revenue Functions ...............................................................................................................14
3.5 Administrative Functions .......................................................................................................14
3.6 Enforcement Functions .........................................................................................................14
3.7 Community Planning and Development Functions ...............................................................15
4. Public Participation in Council’s Policy Development and Decision-Making Processes ...............17
4.1 Representation ......................................................................................................................17
4.2 Council Meetings ...................................................................................................................17
4.3 Public Forum .........................................................................................................................18
4.4 Ku-ring-gai Local Planning Panel (KLPP) .............................................................................18
4.5 Council Committees ..............................................................................................................19
4.6 Personal Participation and Submissions about Specific and General Matters .....................19
5. Access to Information ....................................................................................................................22
5.1 Types of Information Held by Council — Electronic and Hard Copy Files ............................22
5.2 Accessing Information ...........................................................................................................22
5.3 Accessing Information — Open Access Information ............................................................22
5.4 Accessing Information — Proactive Release ........................................................................25
5.5 Accessing Information — Informal Release ..........................................................................25
5.6 Accessing Information — Formal Release............................................................................27
6. Assistance and Further Information ..............................................................................................28
6.1 Public Officer and Right of Information Officer......................................................................28
6.2 Information and Privacy Commissioner ................................................................................28
Ku-ring-gai Municipal Council 3 Agency Information Guide 2021
1. Introduction
The GIPA Act aims to promote a more open, accountable, fair and effective government via the
opening of government information to the public. The Act stipulates a presumption in favour of the
disclosure of government information, on balance, unless there is an overriding public interest against
disclosure. Government information is to be made available in the following ways:
• Mandatory proactive release
• Authorised proactive release
• Informal release and;
• Formal access applications
The Agency Information Guide has been prepared in accordance with Section 20 of the GIPA Act.
Council will review this guide and adopt a revised guide annually.
2. Structure and Functions of Council
2.1 About Ku-ring-gai Council
The municipality of Ku-ring-gai is named after the people of the Guringai (Kuringgai) Aboriginal
language group who inhabited the north side of the harbour, from Port Jackson to beyond Broken Bay.
Ku-ring-gai held its first meeting as a Shire Council in 1906. Ku-ring-gai was proclaimed a municipality
in 1928. The opening of the Council’s existing Chambers coincided with this.
The Ku-ring-gai Council area is located in Sydney’s northern suburbs about 16 kilometres north of the
Sydney CBD. It is bounded by Cockle and Cowan Creeks in the north, Middle Harbour Creek and
Middle Harbour in the east, Boundary Street, Blue Gum Creek and Lane Cove River in the south and
Coups Creek and the Sydney-Newcastle Freeway in the west.
The Ku-ring-gai Council area includes the suburbs of East Killara, East Lindfield, Gordon, Killara,
Lindfield, North Turramurra, North Wahroonga, Pymble Roseville, Roseville Chase, South Turramurra,
St Ives, St Ives Chase, Turramurra, Wahroonga, Warrawee and West Pymble.
Ku-ring-gai encompasses a total land area of 8,446 hectares. It is a predominately residential area
with significant masses of public and National parkland, bushland and reserves. There is very little
commercial or industrial land use.
The ABS ERP (Estimated Residential Population) for the Ku-ring-gai Council area as of 2018 is
126,046.
Ku-ring-gai Municipal Council 4 Agency Information Guide 2021
2.2 Our Vision and Values
In 2008, Ku-ring-gai Council formulated a set of vision statements which remain intact today:
• safe, friendly, and accessible for all people
• vibrant and celebrates its rich cultural and environmental heritage
• with infrastructure and planning systems that accommodate the identity and needs of
each suburb
• with opportunities for local businesses and employment
Creative & • with a strong and stable local economy
Liveable • prioritising knowledge, learning and information
• benefiting sustainability
• embracing innovation and technology, to asisst in finding solutions to the issues which face us
• caring for the our environment and society to achieve physical, mental, ecological and social
wellbeing
• providing access to medical services and resources striving for healthier lifestyle practices
Healthy
• where all people are valued
• supporting and promoting local stewardship and community participation
• engaged in partnerships with local, regional, national and global sectors
Respect
• of extensive bushland with native flora and fauna which we highly value and protect
• where our open spaces are enhanced
• progressively reducing its consumption of resources, leading in recycling and reuse
Magnificent •addressing and responding to climate change
Environment
Ku-ring-gai Municipal Council 5 Agency Information Guide 2021
Ku-ring-gai’s Values are to:
Care for the Respect the
local needs of
environment future
and people generations
Learn and
share Behave
ethically
knowledge
Take
responsibility Lead in
for our sustainability
actions
These are complemented by Ku-ring-gai Council’s Corporate Values:
Own our Strive for Show Do what is
actions Excellence respect right
2.3 Basis of Constitution
Ku-ring-gai Council is instructed under the Local Government Act 1993 (The Act). Its charter is
specified in Section 8 of The Act.
2.4 Our Organisation and Structures
The Ku-ring-gai Council area is divided up into five Wards: Comenarra, Gordon, Roseville, St Ives and
Wahroonga. Ku-ring-gai Council is governed by a body of 10 Councillors (comprising of two
representatives per ward) who are elected by the residents and ratepayers of the area. These elected
representatives meet regularly at formal Ordinary Meetings of Council to make decisions on policy
matters and other important issues.
The role of the Councillors, as members of the body politic are to:
• Direct and control affairs of the Council in accordance with the Local Government Act and
other applicable legislation
Ku-ring-gai Municipal Council 6 Agency Information Guide 2021
• Participate in the optimum allocation of Council’s resources for the benefit of the area
• Play a key role in the creation and review of Council’s policies, objectives and criteria relating
to the exercise of Council’s regulatory functions
• Review the performance of the Council and its delivery of services, management plans and
revenue policies of the Council
As an elect person, the role of a Councillor is to:
• Represent the interests of the residents and ratepayers
• To provide leadership and guidance to the community
• To facilitate communication between the community and the Council
In addition to having responsibilities as a Councillor, under the Local Government Act 1993, the role of
the Mayor is to:
• Where necessary, exercise urgent policy-making functions of the governing body of the
Council between meetings of the Council
• Exercise such other functions of the Council as the Council determines
• To preside at meetings of the Council
• Carry out the civic and ceremonial functions of the Mayoral office
Roseville Ward Comenarra Ward Gordon Ward St Ives Ward Wahroonga Ward
Mayor Jennifer Deputy Mayor Councillor Cheryl Councillor Martin Councillor Donna
Anderson Callum Clarke Szatow Smith Greenfield
Councillor Sam Councillor Jeff Councillor Peter Councillor Councillor Cedric
Ngai Pettett Kelly Christine Kay Spencer
Ku-ring-gai Municipal Council 7 Agency Information Guide 2021
The Principal Officer of the Council is the General Manager, who is appointed by the Council.
General Manager
John McKee
The General Manager is responsible for the overall administration of Council and staff matters and
ensuring the efficient operation of the Council’s organisation. This includes the day-to-day
management of Council, for ensuring the implementation of Council’s decisions, management of
Council’s financial affairs, implementation of policies and Council’s Equal Opportunity Management
Plan and advising Council on all aspects of Local Government.
Under the Local Government Act, the General Manager’s responsibilities include:
• Efficient and effective operation of the Council organisation and day-to-day management. This
includes ensuring Council decisions and policies are implemented
• Appointing, directing and dismissing staff in accordance with an organisation structure and
resources approved by the Council
• Implementing the Council’s equal employment opportunity management plan
• Exercising other functions as delegated by the Council
Ku-ring-gai Municipal Council 8 Agency Information Guide 2021
2.5 Our Functions
Council employs around 500 staff to carry out all of its activities. Ku-ring-gai Council’s Delivery
Program and Operational Plan provides further details on all of Council’s principal activities, services,
commercial activities, income and expenditure.
To assist the General Manager in the exercise of these functions, there are five Directorates of
Council:
Community Corporate Development and Regulation
Director Janice Bevan Director David Marshall Director Michael Miocic
Operations Strategy and Environment
Director George Bounassif Director Andrew Watson
Ku-ring-gai Municipal Council 9 Agency Information Guide 2021
The key responsibilities of these Directorates are:
KU-RING-GAI COMMUNITY
COUNCIL
GENERAL MANAGER — M
John McKee
DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR CIVIC
COMMUNITY CORPORATE DEVELOPMENT OPERATIONS STRATEGY & MANAGEMENT
Janice Bevan David Marshall & REGULATION ENVIRONMENT John McKee
George
Michael Miocic Bounassif Andrew Watson
Development & Environment & Mayor &
Community Technical Services
Finance Assessment Sustainability Councillor
Development
Services Support
Library & Urban Planning & Executive
Information Infrastructure Heritage Planning
Cultural Support
Management Services
Services Regulation &
Compliance
Traffic &
Corporate
Transport
Corporate People & Traffic & Lawyer
Planning
Communications Culture Transport
Major
Visitor Governance Property
Projects
experience and
Waste &
Events Records Cleaning Services
Integrated
Planning
Procurement &
Contracts
Internal
Ombudsman &
Audit
The General Manager or Director of each division is responsible for making sure all regulatory and
legislative requirements are met and that professional, accurate advice is provided to the elected
representatives who make decisions on behalf of the community.
Ku-ring-gai Council’s primary responsibilities are strategic planning and local government area
maintenance.
Our Community Strategic Plan outlines our aspirations and priorities for the Ku-ring-gai community
into the future.
Ku-ring-gai Municipal Council 10 Agency Information Guide 2021Meanwhile, our Delivery Program and Operational Plan outlines the focal areas for the current term of
Council. These are as follows:
Community,
People and
Culture
Natural
Environment
Places, Spaces
and Infrastructure
Access,
Traffic and
Transport
Local
Economy
and
Employment
Leadership and
Governance
Ku-ring-gai Council undertakes numerous functions with our Delivery Program focal areas in mind.
Ku-ring-gai Municipal Council 11 Agency Information Guide 2021Under the Local Government Act, Council’s functions can be grouped into the following categories:
• Provision of facilities such as health, community centres,
swimming pools, parks, sports fields
• Providing community health, recreation, education &
information services such as aged, disability, children’s &
family day care services
• Community festivals and events
Service Functions • Environmental protection and management
• Provision of services such as waste removal & disposal,
parking maintenance, street cleaning, tree management
• Land & property, industry & tourism development &
assistance
• Road construction and maintenance
• Approvals
• Orders
• Building certificates
• Permits
Regulatory Functions • Compliance/ town planning/ landscaping/ heritage/
ecological assessments
• Health & building inspections i.e. fire safety, liquor licenses
• Ranger services i.e. parking, companion animals
• Resumption of land
Ancillary Functions • Powers of entry and inspection
• Rates
• Charges
• Fees
Revenue Functions • Borrowings
• Finance & investment
• Long-term financial planning
• Employment of staff
• Management plans
• Financial reports
• Annual reports
Administration Functions • Purchasing & supply
• Tenders & contracts
• GIPA (freedom of information) requests
• Business Papers & Council Meeting administration
• Urban planning & community strategic planning
• Proceedings for breaches of the Act
Enforcement Functions • Prosecution of offences
• Recovery of rates and charges
Ku-ring-gai Municipal Council 12 Agency Information Guide 2021As well as the Local Government Act, Council is designated powers via a number of legislation,
including:
• Coastal Protection Act 1979
• Community Land Development Act 1898
• Companion Animals Act 1998
• Contaminated Land Management Act 1997
• Conveyancing Act 1919
• Environmental Offences and Penalties Act 1989
• Environmental Planning and Assessment Act 1979
• Fire and Rescue NSW Act 1989
• Fluoridation of Public Water Supplies Act 1957
• Food Act 2003
• Government Information (Public Access) Act 2009
• Heritage Act 1977
• Independent Commission Against Corruption Act 1988
• Impounding Act 1992
• Library Act 1939
• Noxious Weeds Act 1993
• Privacy and Personal Information Protection Act 1998
• Protection of the Environment Operations Act 1997
• Public Health Act 2010
• Real Property Act 1900
• Recreation Vehicles Act 1983
• Retail Leases Act 1994
• Roads Act 1993
• Rural Fires Act 1997
• State Emergency and Rescue Management Act 1989
• State Emergency Service Act 1989
• Strata Schemes Development Act 2015
• Swimming Pools Act 1992
• Unclaimed Money Act 1995
• Work, Health & Safety Act 2011
Ku-ring-gai Municipal Council 13 Agency Information Guide 20213. How Council Functions Affect the Public Below is an outline of how the broad functions of Council affect the public. 3.1 Service Functions Ku-ring-gai Council is responsible for the provision of services and facilities to the public. Members of the community can contact Council and request changes or additions to services, new services and for services to be undertaken. These requests are then considered by Council with appropriate action undertaken subject to resource availability and Council policy. 3.2 Regulatory Functions Via its regulatory functions, Ku-ring-gai Council places restrictions on developments, buildings and activities to ensure certain requirements are met which affect the amenity of the community and do not engender the lives and safety of people. Members of the public must be aware of, and comply with, such regulations. 3.3 Ancillary Functions Only some members of the community are affected by ancillary functions. For example, the functions of powers of entry and inspection or the resumption of land affect only the owner of the property. 3.4 Revenue Functions Ku-ring-gai Council’s revenue functions directly affect members of the public through our collection of rates and other charges which are paid by the public to fund services and facilities provision. 3.5 Administrative Functions Ku-ring-gai Council’s administrative functions such as employment of staff and preparation of annual reports have an indirect impact on the community through the efficiency and effectiveness of the services provided by Council. Whilst, Ku-ring-gai Council’s planning functions have a far reaching effect on residents. 3.6 Enforcement Functions Only members of the public who are in breach of a certain legislation are affected by Ku-ring-gai Council’s enforcement functions. This includes activities such as non-payment of rates and charges, unregistered dogs, and parking offences. Ku-ring-gai Municipal Council 14 Agency Information Guide 2021
3.7 Community Planning and Development Functions
These affect areas like cultural development and social planning and involves:
• Advocating and planning for the needs of community, including initiating partnerships,
participating in regional, State or Commonwealth working parties and preparation and
implementation of the Community Strategic Plan, Delivery Program and Operational Plan by
the Integrated Planning and Reporting team.
• Providing support to community and sporting organisations through provision of grants,
training and information.
• Facilitating opportunities for residents to participate in supporting the community through a
range of community events.
Council is required to undertake its planning and reporting activities in accordance with the framework
identified in the Local Government Act and the Local Government (General) Regulation 2005.
The elements of this framework are as follows:
Community Strategic Plan: Our Ku-ring-gai 2038
The Community Strategic Plan (CSP) is the long term strategic plan for the future of
the Ku-ring-gai local government area.
It reflects the aspirations, vision and long term objectives of the Ku-ring-gai
community. It is informed by key local plans and policies as well as government
policy. It also identifies who will have a role to play in delivering the plan.
Resourcing Strategy 2019-29
The Resourcing Strategy is the link between the long-term CSP and the medium-
term Delivery Program.
It details how the strategic aspirations of Ku-ring-gai can be achieved in terms of
time, money, people and assets and is designed to be a living document to reflect
changing financial and asset information.
Initiatives within the Strategy are reviewed annually to ensure relevance in a
changing environment and to incorporate community feedback. The strategy
includes a 10-year Long-Term Financial Plan, a 10-year Asset Management
Strategy and a 10-year Workforce Management Strategy.
Ku-ring-gai Municipal Council 15 Agency Information Guide 2021Delivery Program 2018-21 and Operational Plan 2019-20 The Delivery Program is a three year program that defines the outcomes that will be achieved during Council’s term to progress the long term objectives of the Community Strategic Plan. This includes statements of term achievements and an indicative capital works program for three years. Annual Report 2019-20 The Annual Report provides the community with a summary of what we've achieved during the year, providing transparent insight into Council operations and decisions. It is one of the key points of accountability between Council and the Community and focuses on Council’s implementation of the Delivery Program and Operational Plan. Copies of these documents are available on Council’s website. Ku-ring-gai Municipal Council 16 Agency Information Guide 2021
4. Public Participation in Council’s Policy Development and Decision-Making Processes Decisions made by Ku-ring-gai Council directly impact on its residents, land owners and business operators. Significant policy and strategic issues are considered and decisions are made by the elected members at a meeting of the Council. Decisions regarding issues of less significance are made under delegated authority by relevant staff with appropriate consideration of financial implications. Ku-ring-gai uses the feedback gathered through various community engagement channels to identify the priorities for future works and the challenges faced by our community. The major avenues for public participation are: 4.1 Representation Local Government in Australia is based upon the principle of representative democracy. This means that the people elect their representatives to the Council to make decisions on their behalf. In New South Wales, Local Government elections are held every four years. The last Local Government Election was held in September 2017. The next Local Government Election will be held on 4 September 2021. The Councillors elect the Mayor every two years. Within the Ku-ring-gai Local Government Area, each election, voters elect 10 Councillors, two from each ward, for the four year term. Councillors are elected to represent the interests of residents and ratepayers and to facilitate communication between the community and Council. They participate in Council meetings and committee meetings where decisions concerning Council policy, Council’s operations and the allocation of resources are made on behalf of voters. Residents are at any time able to raise issues with and make representations to the elected Councillors. The Councillors, if they agree with the issue or representation, may pursue the matter on behalf of the person, thus allowing for members of the public to indirectly influence the development of policy. Contact details for the currently elected Councillors are available on Council’s website. 4.2 Council Meetings Ordinary Meetings of Council are held on a Tuesday on a monthly basis, excluding January. The meetings commence at 7:00pm. Special Meetings (or Extraordinary Meetings) also commence at 7:00pm. These meetings are located in the Council Chambers in Gordon. Members of the public are able to attend Council meetings as observers. The Council meeting is also available for viewing via livestream on the evening. Past livestreams for Council meetings are retained and available on the website for viewing for a minimum of four years. In the interest of ensuring its community and the press may be well informed about Council, all matters transacted at Council meetings are dealt with in open meetings, except in cases where matters are of a confidential nature. When this occurs, Council is required to pass a resolution specifying the items to be excluded and considered in closed meeting and give a particular reason to support that action. The Business Paper Agenda and any additional attachments or late items for the Council Meeting are published on the Council website two weeks prior to the Council Meeting being held. The Minutes for the Council Meeting are published on the Council website the day preceding the Council Meeting. Ku-ring-gai Municipal Council 17 Agency Information Guide 2021
4.3 Public Forum Members of the public have an opportunity to influence the Council in its decision-making processes, and ultimately, policy, by participating in Ku-ring-gai Council’s monthly Public Forums. The Public Forum is held on the Tuesday the week prior to the Ordinary Meeting of Council. Members of the public are encouraged to address the Council on any matter relating to an item on the Business Paper Agenda for that month, or on general matters. To speak at a Public Forum, members of the public are required to submit an application form by 5pm on the business day prior to the Public Forum. Registrations are to be submitted via the online application form. If you do not have access via this avenue, contact the Manager Governance and Corporate Strategy before the deadline to make arrangements on (02) 9424 0600 or at mwearne@kmc.nsw.gov.au. Members of the public may speak on no more than two items of the agenda, and on one general matter. Each speaker is given three minutes to address the Council. All members of the public must comply with Council’s Code of Meeting Practice when addressing Council at a Public Forum. 4.4 Ku-ring-gai Local Planning Panel (KLPP) From 1 March 2018, it was made mandatory for Local Planning Panels to operate in the Greater Sydney Region to determine development applications with a high level of public interest, sensitivity, strategic importance, or risk of corrupt conduct. Prior to March 2018, these types of applications may have been determined by Councillors at Ordinary Council Meetings. These applications are now determined at KLPP meetings. The KLPP comprises of a chair, expert panel member/s and community member/s. KLPP meetings are held in Council Chambers in Gordon generally on the third Monday of each month at 12:30pm. Ku-ring-gai Municipal Council 18 Agency Information Guide 2021
Members of the public are able to address the KLPP about matters on the agenda, under the following
conditions:
• Speakers must have already lodged a written submission on the Development
Application they wish to address at the panel
• Speakers must register on Council’s website by 3pm on the Friday prior to the
meeting
The KLPP are provided with all submissions for Development Applications considered at a given
meeting.
Members of the public are also able to attend the KLPP as observers. Recordings of the KLPP
meetings are made available for listening on Council’s website within two days after the meeting date.
4.5 Council Committees
Ku-ring-gai Council has established the following advisory/ reference committees:
• Audit, Risk and Improvement Committee (ARIC)
• Flood Risk Management Committee
• Heritage Reference Committee
• Marian Street Theatre Community Reference Committee
• Traffic Committee (Statutory Committee)
• Major Projects Advisory Committee
These reference committees provide a mechanism by which interested residents and experts can play
an active role in the formulation of Council policy, direction and practice. These committees are an
important link in Ku-ring-gai Council’s communication strategy and with the community.
Reference Committees do not have the power to make a final determination on any matter referred to
them. Instead, their role is to give advice. This advice is then considered by Council in its deliberations
on the matter.
More information about these committees can be found in Ku-ring-gai Council’s Advisory/ Reference
Committees Guideline.
Ku-ring-gai Municipal Council 19 Agency Information Guide 20214.6 Personal Participation and Submissions about Specific and General Matters At any time, ratepayers can contact Council with queries or concerns about any of its operations, facilities, activities or policies. Commentary can be made in person, on the phone or via Council’s website. All information and comments made to Ku-ring-gai Council via written correspondence, email, web requests, phone calls or in-person requests will be entered into Council’s Records Management System and distributed to the appropriate department for consideration. Council attempts to respond to all correspondence received. You may also make submissions or submit petitions to Council. Members of the public may also have the opportunity to respond to questionnaires and surveys initiated by Ku-ring-gai Council. Ku-ring-gai Council often advertises its policies, reports and activities which are of public interest on Public Exhibition and invites members of the public to make “Have your say” and make submissions, comments or objections. This gives members of the community the opportunity to make submissions and provide feedback about the given activities. These can be viewed on the Council’s website, in all public Ku-ring-gai Libraries and at Council Chambers. Submissions should be made via the Council website (see below), or sent via email to kmc@kmc.nsw.gov.au or via the postal address provided at the beginning of this guide. Ku-ring-gai Municipal Council 20 Agency Information Guide 2021
Ku-ring-gai Municipal Council 21 Agency Information Guide 2021
5. Access to Information
5.1 Types of Information Held by Councils – Electronic and Hard Copy Files
Ku-ring-gai Council holds information in respect to a wide range of functions it undertakes and
information which is pertinent to different issues relating to the Ku-ring-gai Local Government area.
The various types of information held by Council are in both electronic and hard copy formats.
5.2 Accessing Information
Some of the information held by Ku-ring-gai Council is available for inspection as a requirement of
certain legislation, some documents are available for purchase, whilst others are available free of
charge.
Under the GIPA Act, there is a right of access to certain information held by Council unless there is an
overriding public interest against disclosure of the information.
There are four main ways in which Council will provide access to information:
• Open access information
• Proactive release
• Informal release
• Formal release
Any applications under the GIPA Act will be processed in accordance with the Act’s requirements and
a determination made to release the documents or refuse access on the basis of the relevant
considerations under the Act.
Council will assess requests for information concerning:
• Government Information (Public Access) Act 2009
• Privacy and Personal Information Protection Act 1998
• Health Records and Information Privacy Act 2002
• State Records Act 1998
• Local Government Act 1993
• Environmental Planning and Assessment (EPA) Act 1979
• Companion Animals Act 1998
and any other relevant legislation and guidelines applicable.
5.3 Accessing Information – Open Access Information
Under Section 6 of the GIPA Act, Council must make open access information mandatorily available
unless there is an overriding public interest against disclosure of the information. Open access
information is to be made publicly available free of charge on a website maintained by Council and can
also be made publicly available in any other way that Council considers appropriate.
The Government Information (Public Access) Regulation 2018 outlines open access information as
follows:
Ku-ring-gai Municipal Council 22 Agency Information Guide 20211. Information about Council
Information contained in the current version and most recent version of the following records is
prescribed as open access information:
• Annual Financial Reports
• Annual Report
• Annual Reports of Bodies Exercising Functions Delegated by Council
• Any Codes referred to in the Local Government Act
• Auditor’s Report
• Code of Conduct
• Code of Meeting Practice
• EEO Management Plan
• Community Strategic Plan, Delivery Plan and Operational Plan
• Policy for the Payment of Expenses and Provision of Facilities to Councillors
• The Model Code prescribed under Section 440 (1) of the Local Government Act
Information contained in the following records (whenever created) is prescribed as open access
information:
• Returns of Interests of Councillors, Designated Persons and Delegates (redacted copies
available online, non-redacted copies available for viewing in chambers)
• Agendas and Business Papers for any meeting of Council or any Committee of
Council
• Minutes of any meeting of Council or any Committee of Council
• Departmental Representative Reports presented at a meeting of Council
Information contained in the current version of the following records is prescribed as open access:
• Land register
• Register of investments
• Register of delegations
• Register of graffiti removal work
• Register of voting on planning matters
2. Plans and Policies
Information contained in the current version and the most recent previous version of the following
records is prescribed as open access information:
• Local policies adopted by the local authority concerning approvals and orders
• Plans of management for community land
• Environmental Planning Instruments, Development Control Plans and Contributions
Plans made under the Environmental Planning and Assessment Act 1979 applying to
land within the local authority’s area
3. Information about Development Applications
Information contained in development applications, and any associated documents received in relation
to a proposed development are prescribed as open access information. Such information from 2008
Ku-ring-gai Municipal Council 23 Agency Information Guide 2021onwards is available for viewing via the DA Tracking Portal on Ku-ring-gai Council’s website. Such
information from development applications lodged prior to 2008 is available upon request.
Development Applications and any associated documents received in relation to a proposed
development including the following:
• Acoustics consultant reports
• Construction certificates
• Heritage consultant reports
• Home warranty insurance documents
• Land contamination consultant reports
• Occupation certificates
• Structural certification documents
• Submissions received on development applications
• Town planner reports
• Tree inspection consultant reports
4. Approvals, Orders and Other Documents
Information contained in the following records (whenever created) is prescribed as open access
information:
• Applications for approvals under Part 1 of Chapter 7 of the Local Government Act and
any associated documents received in relation to such an application
• Applications for approvals under any other Act and any associated documents
received
• Records of approvals granted or refused, any variation from local policies with
reasons for the variation, and decisions made on appeals concerning approvals
• Orders given under Part 2 of Chapter 7 of the Local Government Act, and any reasons
given under Section 136 of the Local Government Act
• Orders given under the authority of any other Act
• Records of building certificates under the Environmental Planning and Assessment
Act 1979
• Plans of land proposed to be compulsorily acquired by the local authority
• Compulsory acquisition notices
• Leases and licenses for use of public land classified as community land
• Performance improvement orders issued to a Council under Part 6 of Chapter 13 of
the Local Government Act
Ku-ring-gai Municipal Council 24 Agency Information Guide 20215.4 Accessing Information – Proactive Release
Where possible, Ku-ring-gai Council will seek to make information considered of public interest, such
as frequently requested information or information or special public interest, publicly available free of
charge or at minimal cost. Note, what information is provided via proactive release is at the discretion
of Ku-ring-gai Council.
Council makes the following information of public interest available on the website:
• Approved Council and Strategies of Council
• Council events information
• Council news updates
• Fees and charges
• Community Directory
• Research studies
• Standard and Special Committee Terms of Reference
• State of Environment Reports
• Infrastructure Program Updates
• Major Projects Updates
5.5 Accessing Information – Informal Release
Ku-ring-gai Council is authorised to release open access information via the Informal Access process,
unless there is an overriding public interest against disclosure of the information.
A written application should be made to Council via our Request for Informal Access to Council
Information form.
Ku-ring-gai Municipal Council 25 Agency Information Guide 2021Requests for Informal Access to Council Information can also now be made via the following form: Ku-ring-gai Council will endeavour to release information sought via a request, subject to any reasonable conditions Councils deems fit to impose. Ku-ring-gai Municipal Council 26 Agency Information Guide 2021
5.6 Accessing Information – Formal Release
For information not available as open access, proactive release or informal release, you will be
required to submit a Formal Access Application.
Submission of a Formal Access Application requires a $30.00 application fee, and additional
processing charges may be applicable, with an advanced deposit required. However, you will be
notified if this occurs. A fee reduction on processing charges may be available in circumstances of
financial hardship or special public benefit. Council will acknowledge your application within five
working days.
Such application will need to be lodged if your request involves an unreasonable amount of time and
resources to produce or collate, or if you are requesting information:
• Containing another person’s personal information i.e. contact details
• Relating to an insurance claim
• Relating to companion animals
For the application to be considered valid, it must:
• Be in writing
• Have the $30 application fee paid upon lodgement
• Include a postal address or email address
• Include enough information as is reasonably necessary to enable the information to be
identified
Applications will be completed within twenty working days from the receipt of an application. This
period can be extended for up to 10 working days if there is a need for consultation with a third party.
Where information is released to an applicant under a formal access application and Ku-ring-gai
Council considers that it will be of interest to other members of the public, Council will provide details
of the information in our disclosure log which is available to the public.
Ku-ring-gai Municipal Council 27 Agency Information Guide 20216. Assistance and Further Information
6.1 Public Officer and Right to Information Officer
Council has appointed the Manager Governance and Corporate Strategy as its Public Officer. The
Public Officer is responsible for dealing with and determining applications for access to information
and for the amendment of records. If you have any difficulty in obtaining access to Council documents,
you may wish to refer your enquiry to the Right to Information Officer. The Council's Right to
Information Officer is responsible for determining applications for access to documents.
If you believe a Council record is incorrect, you will need to submit a written application to the
Manager Governance and Corporate Strategy outlining your reasons for requesting the amendment to
the information.
Enquiries to the Public Officer should be addressed as follows:
The Public Officer
Ku-ring-gai Council
818 Pacific Highway
GORDON NSW 2072
OR
Locked Bag 1006
GORDON NSW 2072
OR
kmc@kmc.nsw.gov.au (Attention: Public Officer)
Phone: 9424 0000 (8:30am to 5pm, Monday to Friday)
6.2 Information and Privacy Commissioner
If you require any further advice about access to information, you may contact the Information and
Privacy Commission using the following details:
Phone: 1800 472 679
Fax: (02) 8114 3756
Email: ipcinfo@ipc.nsw.gov.au
Website: www.ipc.nsw.gov.au
Ku-ring-gai Municipal Council 28 Agency Information Guide 2021KU-RING-GAI COUNCIL 818 Pacific Highway, Gordon NSW 2072 PHONE 02 9424 0000 FAX 02 9424 0001 EMAIL kmc@kmc.nsw.gov.au www.kmc.nsw.gov.au
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