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Frequently Asked Questions - Formal Access to Information Requests

Council may require a Formal Access to Information Request to be submitted where the information sought:

  1. is of a sensitive nature that requires careful weighing of the considerations in favour of and against disclosure, or
  2. contains personal or confidential information about a third party that requires consultation, or
  3. would involve an unreasonable amount of time and resources to produce, for example if it takes in excess 20 minutes for one staff member.

You will need to complete a Formal Access to Information Request form and pay the $30.00 application fee. In some cases an Advance Deposit may be requested, where the work required to produce the documents will take many hours.

You can locate a form on Councils website www.byron.nsw.gov.au/forms or alternatively ask for an Formal Access to Information Request form from the front counter customer service staff at our Mullumbimby Administration Building.

Formal Access to Information Request forms are required by law to be completed in 20 working days. If consultation with a third party is required, a further 10 to 15 working days extension is allowed. You will receive a formal determination letter with your requested documents or reasons why a document has been withheld.

Yes, you can appeal against the determination by completing a Access to Information Request for Review and paying a $40.00 review fee. This form together with any supporting documentation shall be forwarded to Council’s Public Officer to review the original determination. Within 15 working days, you will receive a formal response letter with your requested documents or further explanation why the documents have been withheld.

You may appeal to either the NSW Information Commissioner or the Administrative Decisions Tribunal.  You can find out more about your right to information and appeals by contacting the NSW government information on the Office of the Information Commissioner (OIC) website at www.oic.nsw.gov.au.